About wills and NH; how does all that work if I have to put her in a nursing home?

Carol, you have a mess! After reading your previous question, you need to see an elder law attorney, NOW to get this mess straightened out, and hopefully before mom needs Medicaid.

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Brother living in her house, rent free, while mom paid all household bills for him will cause a Medicaid penalty. Medicaid will look at all expenditures from mom's accounts for the past five years, or 2.5 years if you happen to be lucky enough to be in California. Then the amount that bro should have paid for rent plus the money mom paid for him on the house, will be mom's penalty. Hopefully mom has not been giving money to him, or to you which will also be a penalty.

Your other brother is right. Get your other brother out of that house, sell it, put that money in mom's accounts and hopefully she will have enough to wait the five years before she needs Medicaid. Enough to self pay in assisted living or nursing home before she has to apply for Medicaid.

This is your responsibility to do as mom's POA. It could be considered a breach of fiduciary duty if other brother decides to call you on it.

Like glad said, the Will isn't in play until the person dies.  I was once in someone's will for a $10K inheritance.  However, lady didn't have anywhere near $10K when she died, so I did not inherit.  I could go on with many examples.  For years, I heard about an asset my friend believed she was inheriting as she repeatedly stated it was "willed" to her.    Well, owner needed nursing home care and assets were liquidated to pay for that care.   Friend didn't see that coming.   I felt bad for her, but she was wrong to count on an inheritance.  To this day, she talks about how she was "cheated" out of something that was hers.  One of my own family members also went on Medicaid and died with a very small amount of money in a checking account - house/car/assets had long since been liquidated.    No inheritance to speak of.    It certainly happens.

The nursing home will take all of her money, the savings and CD, then you will need to apply her for state Medicaid. Once she gets approved for Medicaid the NH will also take most of her SS check or any other monthly income source she may have. As others have said do not take any of her money for yourself, it will put at risk her Medicaid eligibility.

Mom's money is mom's money to pay for her care. The will makes no difference until mom passes. And don't take it out now it would result in a Medicaid penalty period where nursing home would have to be paid another way or mom remains at home under your care until the penalty period is over.

You can call social services to see if she qualifies for some in-home help like with hygiene, meal prep and light housekeeping. It won't be full-time. This is not a total solution but may provide some relief for you until you work through a final solution for her. The Medicaid app has a "lookback" period which varies from state to state. In my state it is 5 years. In others, it is 2.5 yrs. Medicaid will not like seeing anything that looks like her "gifting" money, property or assets to you or anyone, or the co-mingling of her funds with yours. If this has been happening I recommend you talk to an elder law attorney so that you don't do anything that will disqualify her from receiving Medicaid. Also, in some states NHs have waiting lists for Medicaid beds. It may be better to get her into a place of choice on private pay first. My MIL is in LTC on Medicaid. She receives excellent care and attention, the same as other private pay residents. The NH automatically withdraws the fee and leaves her $90 every month. FYI before your mom applies for Medicaid and if she has the funds it would be wise to prepay a funeral for her. Medicaid won't penalize her for this purchase.

Yes, if your Mother goes into care her assets will go to pay for her care. Look up the rules for medicaid on your State's site or on Medicare/Medicaid site online. It tells how Medicaid is to be applied for when your Mom's assets are gone. Your mother will be allowed to keep her home, to keep a small amount of money for personal needs.