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Suing family members is painful and often pointless. Are you involved in some kind of battle over mother's care? And where would the money to settle this dispute come from? What would the outcome be that would be so much better?
SO much better to work this out among the siblings. Is mother still lucid? I know I oppose the fact my mother is still living with my brother when she needs much more care, but I am one of 5 kids. The other 3 are MIA and won't weigh in on her care.
I kind of don't understand you question--one of you wants mom to be home, one of you wants mom to be in a NH. Right? You can't work this out as adults? Really, you do NOT want to drag a lawsuit into this. NOBODY will be happy, in the end.
Usually the person who feels that Mom can live comfortably at home having caregivers comes in usually doesn't understand that Mom might be at the point where she need skilled nursing home staff to help her out. Honesty, it can take a village to do everything that needs to be done.
My Dad had 3 shifts at home of professional caregivers from an Agency, and that cost him $20k per month, yes per month. Can Mom budget for that cost? Sounds like the sibling will be paying, can she afford that cost? It will quickly drain her savings. Is she expecting Medicare to cover the cost? MediCARE doesn't pay for caregivers or Aides. MediCAID would pay, but only if Mom moves to a skilled nursing home.
My Dad had mobility issues, he was seeing his savings emptying quickly, thus he was ready to move into senior living. It cost half as much and he was happy as a clam being around people of his own age group. He really perked up right after the move. He said he should have don't that years earlier. Dad sold his house, and used the equity to help for the senior living cost. He was so glad not to worry about the house anymore :)
Let us know how all of this turns out.