Ur brother cannot be granted POA, ur Mom has to be able to assign it. You can be granted guardianship. If Mom passes with a will the Executor takes over. If no will and their is an estate then Probate will assign an Adminstrator to oversee the estate.
TC, I'm not sure I understand what you're asking. Is the Trust a Living Trust? If so, when your mother passes the Successor Trustee will handle the Trust, make disbursements for legitimate debts (including medical and expenses of her last illness), and distribute any remainder to the heirs, assuming there are funds left after paying expenses of the last illness.
Your brother's suit against the nursing home raises an interesting issue though. If he's suing pursuant to his authority under a POA, the Successor Trustee will have to determine if the litigation costs are legitimate expenses of your mother's last illness and can be paid through the Trust.
Who's paying the litigation costs now? Is your mother still in the nursing home being sued? What's the basis of the suit?
We really need more info.
Your brother's suit against the nursing home raises an interesting issue though. If he's suing pursuant to his authority under a POA, the Successor Trustee will have to determine if the litigation costs are legitimate expenses of your mother's last illness and can be paid through the Trust.
Who's paying the litigation costs now? Is your mother still in the nursing home being sued? What's the basis of the suit?