Legal Question in Elder Law in Massachusetts

The most important thing to consider here is your mother's safety. You and your siblings should ensure that your mother is safe and that your brother is not doing anything which would put her in harms way.

I must assume your mother is in a nursing home since her home has apparenty been sold. I must further assume that your mother is on MassHealth which has been paying for her nursing home stay. Therefore the proceeds of the sale of the home should have been subject to a lein by MassHealth and would likely have been recovered by the state (MassHealth) during the sale. Unless of course the house was not in her name and was transferred to a third person 5 years prior to her applying for MassHealth, or your brother lived with you mother for two years prior to her being moved to a nursing home. If that was not done and the house was in your mother's name....the proceeds of the sale were likely used to reimburse MassHealth for medical costs and your brother may not have recieved anything.

Your should try and talk to your brother and get more information. If your mother is capable you could also try talking to her, moreover, if she is competent she could also revoke her power of attorney for your brother, if he is abusing his power, and create a new one naming someone else. If she is not competent, you could attempt to seek Gaurdainship and Conservatorship over her, that does require filing a petition with the probate court and may result in a battle with your brother, therefore, I would recommend using an attorney. You could also try discussing the matter with the nursing home. They may have some information as well.