Can my mother hire her son to be a caregiver?

RDgorcc, anyone can be someone's caregiver, paid or not. That is great that your brother is willing to do this type of work. Your brother would need to draw up an employment agreement stating how many hours a week he will work, what are his duties, what is the hourly rate, what days off if any, and who will pay the payroll taxes. This agreement will come in handy in case later on your Mom needs to apply for Medicaid.

Now, your Mom would also need to add an insurance rider for "workman's comp" onto her homeowner's insurance. This insurance covers your brother in case he gets hurt on the job. Regular homeowner's insurance won't cover "employees". If Mom hired from a licensed Agency, said Agency would have their own insurance.

Will your brother need to give up a job to be your Mom's caregiver? At 43, he would need to purchase his own health insurance unless he is doing that already.

First she would have to be on Medicaid or a Medicaid waiver. Second, many programs do NOT allow relatives who live in the same household. Third, many programs have waiting lists. Contact you county social services IF mom is on Medicaid or should be eligible for Medicaid.