One of mom's docs said she shouldn't make her own decisions. Upon recommendation I took her and had her tested, she was declared incompetent. Brother has trust but is dragging his feet, getting it seen by lawyer. Lawyer consult, that brother was in meeting with said, lawyer needs to see trust which will help him give us direction to take. It just all depends what mom has written in trust. Brother keeps forgetting to have document sent over to lawyer, none of us have a copy. Mom needs to go in a home but I'm not sure if legally we can do that?
If nothing happens soon, you are going to push things to make them happen. One way to do it is to make both the inquiries and plans yourself, and tell him that you are going to go ahead. If he says ‘no you can’t do that’, don’t take any notice until he comes up with the paperwork and his own proposal. He can’t pull rank unless he is prepared to justify his ‘rights’.
Medicaid may come into the picture if she doesn't have enough money for her care. Each state has their own criteria but basically they all are the same. All assets have to be liquidated and spent down to cap allowed, 2k in my state. Prepaying for a funeral would be one way to spend down. With my Mom she had enough money with her SS and pension to private pay for a NH for 2 months. This helped spend her down under the cap. Once you file, you have about 90 days to get paperwork needed, spent down and in a facility.
Your brother needs to get on the ball. That Trust will have an impact on Medicaid.