Can a live in aide stay in a client's home when the client is no longer there and will never come back home?

That just the thing.....my brother is not evicting her. A lawyer I spoke to told me because he’s successor trustee he can do what he wants.

However, if Medicaid is footing the bill I think they would want the house rented at fair market value to recoup their losses for paying the nursing home.

Brother & I aren’t speaking & he has DPOA & has isolated my mom from myself & my sons for over 3 years now.

She started with very noticeable dementia in 2014 when I was caring for her. Brother & I had an argument in 2017. She fell in her home in 2017 & had to go to the hospital & then a nursing home for rehab. When she was released he took her to a lawyer & had them draft a DPOA & amend her trust to him 100%.

He told the nursing home she’s in that he didn’t want me visiting bc there was a no contact order against me for elder abuse....not true. I called Alliance For long term care & they got me in to see my mom.

My brother flipped out threatening to remove her or get guardianship. He has since called a lawyer & Dept of Health trying to stop my visits. It’s all to spite me.

I live across the st from my mom’s house so I see everything that goes on there but have no say.

Thank you all for your insight on this....I didn’t know if it was just me being petty about her living in mom’s home. I know this is not what my mom would have wanted.

This smells wrong to you because it is wrong. She needs to move out and the locks changed

Well, this is something for a Lawyer for certain. Your brother asked someone to come in and care for an elder in her home; that was in exchange I am assuming for room and board. I think that makes this person a "tenant". Now Mom is no longer on the premises and the brother would like to use his DPOA (which he CAN use) to evict this woman. However, most places have a restriction against eviction now, during covid times, and likely this woman is clever enough to have been to the rental board in your area. If you cannot check the laws directly with the Landlord/Tenant Board or Commission for you area then you are stuck with getting the facts from the Lawyer. The eviction can take place as of the first July, when the nationwide covid-19 changes expire, I would think.
Best of luck on this.

As a "live in" her contract with Mom was over when Mom could not return to her home. Your brother needs to evict her. Her services are no longer needed. I think you are correct in thinking that this is not allowed by Medicaid.