Can a nursing home get guardianship of a patient who is NOT mentally incompetent?

My mother has been living at a nursing home for about 7 months. She was admitted in a state of delirium due to a UTI. She was exhibiting symptoms of late stage dementia. She was kept in a Gerry chair in a diaper talking irrationally for a month. They didn't find the UTI until I called them after a month of her being there and asked them to do a urinalysis. After they found the infection and put her on ciprofoloxacin, within a week she was back to normal behavior. They resisted physical therapy for about a month. Things they have done have caused delays and they started suing for guardianship three months ago. They had an exhibit attached to the court papers that was a damning evaluation of her by their psychiatrist who has only spoken directly to her about 15 minutes in the past seven months. I had her re-evaluated by a neuropsychologist which was a three hour test which my mother passed very well. Her lawyer has submitted the new evaluation to the opposing attorney with the suggestion that he withdraw his petition for guardianship. I'm just sitting her terrified. I keep thinking that this corporation that owns the facility is going to win somehow anyway. Who has the better chance at winning this
Asked May 30, 2015

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