Mom has a will, need to determine if a living trust is necessary?

I have POA for my mother . She has dementia. She also has a paper that says she has a Trust but no list of what the trust is. The will is old and made out when her husband (stepfather ) was still alive prior to these newer , yet outdated papers. Nothing is specified for medical directive. She has disowned one child in the newer papers. She seems to be able to logically make decisions but she forgets. She never remembers what she had to eat at previous meal every time I visit. She thinks every day is Sunday. Can she legally sign new more explicit papers if drawn up. She is in assisted living and would not be there if she wasn't able to function to certain degree. She would like to go home but I cant let her, she wasnt paying her bills . Forgetting to mail them. Maybe even forgetting to take her medications. Might forget to turn the stove off and create a fire. House is paid for no payments . I wish i could move her in with me and help me but that would be taking advantage. I would not want to live in her home but I suppose it is an option. I do have other siblings but the only local one is disowned in her last will and testament. What money she has should she pass might hurt myself and another sibling retired and using medicaid. She has no memory of what the trust was. Her house and car and money are not mentioned in her will only some family heir loom objects. If she could live with me is it theft if she helps me with my house payment to make my life easier. I do not want to be unfair or steal her money.

As the first commenter said, you should see an elder law attorney if you think the estate will be contested. Also, keep in mind a will only gives instructions to the probate court. It doesn't avoid probate. Most people do want to avoid probate, so you may want to look to a living trust as a way to do that.

Sorry, the post comment button took control before I was finished.

Last sentence should read "...left to them, as could a Codicil to a Will."

The Will should be explicit enough, if drafted by a competent attorney, to designate what assets go to which heirs. The method by which a Trust could prevent any contest could be to leave them something nominally, and add an "in terrorem" clause which provides that any heir contesting his/her bequest loses whatever inheritance has been designated in the Trust and (pour-over) Will.

A trust can also provide that nothing is left to them.

I would recommend you see an Elder Law attorney to see what legal documents would be necessary.

I assumed your Mom inherited everything from her husband [your step-dad], or did your step-dad give his two children from his estate? If not, then I could understand why his children might be concerned of being left out. You would feel the same way if it was your Mom who passed first and your step-dad inherited all of her estate.