Can my brother be evicted from Mother's property?

Go back to your lawyer. Your mother cannot quit claim anything because she was declared incompetent. Initiate eviction proceedings.

All of that should have been presented in evidence at the Guardian hearing.

Depending on the laws of your state, even squatters who have no quitclaim deed, no blood relationship, people who don't even know your mother but who take up residence on her property have to be legally evicted. You need a lawyer.

Can you find the Quit Claim Deed? If so, see if it was Notarized. And depending on what State your Mom lives in, she may or may not have needed witnesses. If the Quit Claim Deed wasn't Notarized, I bet it is invalid.

Maybe it is time for your Mom to downsize into something more manageable. By selling the property then your brother would need to leave... as one can't sell your brother along with the house.

If the house needs a lot of work, sell it to a person who flips houses, a professional flipper has probably run into this situation before and knows what to do.

My apologies, the quit claim was done prior to her diagnosis of damentia but during a period a heavy drinking. My beliefs are that he took advantage of her drinking and ability to comprehend what she was signing. He has convinced her to take a loan against her insurance policy in which he took and initiated another policy and made his self the beneficiary. The pain was never paid back and now that policy is cancelled. He has also put bills in her name (phone and cable) that has gone to collections. Please advise?

Thank you for your responses to my very complex situation. very much appreciated and very useful information.

Yes, you are absolutely correct! That is exactly what I was told today at the district court house. With house repairs and past attorney fees I think it's time to cut my losses - no good deed goes unpunished! He verbally agreed to pay 1/3 of the repairs and has not done so. Can I take him to small claims court? And what about the utilities that's doesn't contribute too? This feels like a no win situation.

Verbal agreements are not enforceable in court. I'm not sure why you want to sell the house. She can get Medicaid and still keep the house and one car.

Would love to keep her in her home. However, my brother continues to benefit from my other brother and my hard work and money by living in the home for free. He contributes nothing! He eats our food, enjoys the luxury of water, electricity and heat during the winter. He also does not contribute toward the taxes. He is an absorbent cost to all of finances. He leaves his bedroom lights on all night, interrupts her sleep with loud phone conversations at all hours of the night. I'm at my wits end and need a resolve. He convince my mother to take a loan against her life insurance policy, never paid back the loan. He took out a new policy with part of the loan and made his self the beneficiary. Is there no legal recourse?

He eats your food? You live there too?