My mother entered nursing home six months ago. She was in a dramatically altered mental state that I now believe was delirium. After she was there for a month, in a Gerry chair in the hallway yelling, it occurred to me that she may have an infection. I called the nursing home and asked that they do a urinalysis, which they did and found an infection. Within a week, she was back to herself again--talking normally and very lucid. I then realized that in the past two years, she has had three episodes like this with all three of them occuring while she had some kind of infection. I believe she does not have dementia because she is not showing symptoms of it and would certainly after two years with the illness. Since then she has improved with physical therapy (which I had to push hard to get them to do). She is no longer in a diaper, is getting around in a wheelchair and doing some walking. We are totally able to care for her at home and have also installed a ramp in the front of our house to aide in caring for her. I tried to sign her out a few weeks ago AMA and they said that she was "mentally incompetent" and unable to do so and that they would call the police on me if I tried to remove her. The way this nursing home operates, I had to push for the urinalysis, I had to push them to do physical therapy with her, I had to push them to give her something for depression because she was crying most of the time (she was in a depression but they didn't seem to have any intentions of doing anything about it) and now that she is doing very well partly due to my involvement they are saying how great she is doing but they still won't let her leave. I know that if I hadn't called them about the infection, she would still be in a Gerry chair babbling even now. They have labelled her with "dementia" or specifically her diagnosis is "mild cognitive impairment". I believe that their reason for keeping her there is because it is a facility that primarily cares for people who are on Medicare or Medicaid and they need to have a percentage of people there that they can collect their SS funds and have steady, dependable income to keep themselves in the black. Diagnosing her with dementia makes it possible to have total control over her. I feel like they have taken possession of her and she now has no rights. What do I need to do to get her out of there? I am working on getting Power of Attorney through legal aid but is that enough. Do I have to have legal guardianship because legal aid says they don't do that and I cannot afford a regular attorney. Is the phony diagnosis going to make it impossible for me to get the Power of Attorney? If the attorney went in there and talked to her, they would easily be able to tell that she has all her mental faculties. Please any info would help.