Can a doctor say mom is incompetent because he could not wake her up?

i have been working on this Over 2 and a half years. brother took mom to florida, had a will drawn up, he and wife took mom to medicaid n/h. i worked with the ombusman legal aid and finilly got a lawyer and i tried to get guardianship. i had abuse reports in florida. they moved her to tn and had abuse reports there. admin would not show me her medicial records for 4 days and would not let her sign a hippa, admin said 2 doctors mus be present. i went to court house to get a hipppa and explained the fraud, mom had her own house, waterfront. n/h knew the house sold for 105k 5 months before the put her in the home. i had recorders report that neighbor gave cash to brother. i also showed up at the n/h with written proof of blue cross and blue shield long term care my mom still had 2 months left, the cancelled her because another payment wasn't made. also when n/h deceided to let me and mom look at her records, the first 100 pages or more were tampered with and all inked out in inkpen circles. she also had revokable trust and she kept saying i did not sign this and nursing home pulled it out of her hands and said she is not signing anything, i told her to put a line through it so brother cannot spend anymore of the trust. that was june 2011. i went back to texas,1200 miles round trip. called elder lawyer in nashville at end of june.the lawyer called admin at n/h and said what needed to get mom out. n/h said if i do not have a court order to keep her here and she wants to go with you come get her. my husband took off work, drove the many miles and n/h said i changed my mind. i told ombudsman it was fraud,told legal aid and nobody ever went back 5 years. lawyer charged me 8900.dollars. had court date for august, and on our trip to court my lawyer called and said brother just got an attoney. now court was postponed another month. my petition said,on first page my mom was sequestered or 2 years before i found her, then i paid for brother to be summons to court with all medical records and also summons n/h admin with her medical records. brother came to court with any receipts,says he does not save reciepts. my lawyer asked brother where is trust moneys? brother under oath said i spent about 250k from trust i needed the money. judge said you are a crook. i will report you to tncare. he let him leave, the n/h director was never called into court where judge see mom,s records and the way she was admitted in the middle of night with 5 oozing bed sores and broken ribs. n/h did not report it to aps or police. she was on deaths door. so far tncare is looking to get brother or sister in law for welfare fraud. doctor made her incompedent because he could not wake her up. guardian at litim said in his report, she was destitute. nobody ever saw or heard of any abuse or neglect. judge did not sign court orders for another 60 days. i have called hundreds of people and the medicaid n/h fraud hot line and every body is lying. now brother is still buying and selling but nobody in fraud hotline is helping. i want to make the obstruction of justice, corrected, judge should of seen that there was poa abuse and lawyer in florida is not talking to anyone but mom or brother, he said he sent moms will, she died feb.2012. to courthouse in tn. but clerk and master said she never recieved it. i cannot aafford another lawyer. there is much more to story, brother took her in nov.2008 and i am still fighting for justice. please give me advice thank you and God bless you.

Sounds like someone else is already a Guardian or Conservator. They have to file annual reports with the Surrogate Court on where the money went. Ask for a copy of the report. If there is an ongoing feud over money, the nursing home will only cooperate with the court-appointed person and be very unwilling to let the patient leave the building for good reason.

If a person cannot be awaken, they are either comatose or dead. Which is it? Where is this long term care home located? Why didn't the judge on your case read your petition? I cannot offer advice unless I know more.

Try legal aid.

Call APS Adult Protective Services. I bet your Mom is drugged because she is too active for them! What a shame. Attorneys first visits are free and if you have a case he might not charge you anything, he will collect on it when he sues them, etc worth a shot.

you need an attorney.