Does a DPOA have power to set up a trust after she is incompetent decision?

First reread DPOA document. Mine is quite extensive and allows DPOA to do anything I could do. Sounds like you need to talk to a lawyer. You may be able to get an initial consult with an Elder Atty. for no fee or a small fee. A local Senior Center may have advisors who can help.

If your brother has been totally dependent on your mother for that length of time, I assume there is a reason for it. What's his problem? Who told you you could not force his eviction? I'm not disagreeing, I'm just wondering what authority you consulted.

To answer the question, with a DPOA you can do anything that your mother would have been able to do in her own right before she lost competence - the same freedoms, the same constraints. You act as if you were her, and in her best interests.

If her assets are required for her care, you will need to find out how you go about selling the house where her dependant is living. The thing is, your brother is also entitled to whatever state support might be available to him. Ok, he's not paying any bills and he's living there rent-free, but what is his income? What are his resources? Sort him out, and then you should be freer to access your mother's assets for her care.

There are two sources of information I'd consult: the first is the attorney who drew up your DPOA, and depending on what advice you receive and how close your mother is to running out of funds, Medicaid.

Have you discussed the situation with your brother? What, for want of a better way of putting it, has he got to say for himself?

If your brother has a disability he should be receiving social security disability. If it has been more than 50 yrs. is he receiving regular social security (at 65)? He should have this income available to him, and it sounds like he has some disability because of not having held a job. Ask him if he has applied for social security and he could make the electrical payment along with his food. I am sure you do not want him homeless, but you can, depending on the way the DPOA was written, sell the house for your mother's expenses.

Your mother needs an attorney ASAP. As DPOA you can only carry out her wishes, and I doubt if she wants her son evicted. She may not want to sell the house. Before you break the law, see an attorney and set things in order.

Couldn't the brother pay fair market rent and utilities, out of his SSDI or whatever his income stream is? Just a thought and I realize I don't know all the facts. But getting a lawyer involved is going to cost Big Bucks.....perhaps there are rational things the POA can do on their own, like mailing a letter (certified) briefly outlining the financial situation and giving him Notice that he must either pay rent & utilities, or vacate the premises. Actually has anyone considered that he is essentially on a month-to-month lease right now, sort of, and the owner of property can give him 30 day notice to vacate? Or find a buyer who will rent it to the current "tenant". I don't think he has squatters rights but that would be worth researching. So you get yourself prepared, before going to lawyer, you can save a lot of money by doing advance legwork and trying some tactics first, and that gives the lawyer a more focused job. If you narrow it down a bit, the lawyer bill ($400/hour and they can bill for their administrative assistant's time on top of that)

....the lawyer bill for a wide open question, is going to get close to conservatorship cost, so if you can just notify the Iowa social services in that county, that you unfortunately must sell this house and ask them to help provide placement in another facility for your brother, that might be all that's needed. Also the Sheriff will take care of evicting him so you don't need to do that. Aa long as you give notice and you've notified social services, they can talk care of this for your mom, I would think.