White Matter Brain Disease - Dementia

James1943

My elderly mom was recently diagnosed in the hospital via CT scan with white matter disease of the brain. She was there due to a third fall in recent weeks.

The hospital stupidly discharged her after 36 hours even though she could not walk and was in delirium! 

Her primary doctor saw her there and confirmed dementia. He refuses to complete the affidavit I need for my county's guardian/conservator petition, instead referring her to a psychiatrist who  specializes in memory care for elderly patients.

Can an attorney compel the primary doctor to complete the affidavit?

The reason I ask, is that my mom does not want to go see any doctor, so I may not be able to get her to see the psychiatrist.

I'm at my wits end. I was passed from her primary doctor to Peachford, then from Peachford to the Georgia Crisis Center, all who basically said they could not help unless she was trying to kill herself or abusing drugs or alcohol. The laws are so stupid binding our hands when we try to get help for those that are refusing help.

She needs 24/7 care and I need the authority to get her into a personal care home. Her bills are not being paid, and she doesn't have enough in social security to cover them all anyway.

elisny

I don't think an attorney can compel a doctor to do anything.  A judge, on the other hand, might be able to, IF you had a lawsuit.

Why wouldn't the doctor complete the affidavit?

If you need another doc, how about using a Telehealth Service?  Example: https://www.teladoc.com/  Then you wouldn't need to take your mom to a doctor, but she could see one.

Taking care of our loved ones is work, is stressful, is tough, is exhausting. . . and rewarding at times.  You are not alone. Best to you..

star26

She needs to go to the geriatric psychiatrist for a proper diagnosis and to determine if she needs a guardian. A diagnosis of white matter brain disease or dementia does not automatically mean someone needs a guardian. It's also wise to get established with this specialist now as it can be very useful for your Mom's future dementia care needs. Many people need to tell fibs in order to get their loved one to a doctor. Ideas: You can say it's a required follow up visit after being hospitalized and/or that it's required by her insurance or she may lose her coverage. Don't mention details or the words psychiatrist or dementia and don't tell her about the appointment in advance. Keep it light and casual. Just get her there. Schedule the appointment now. Sometimes there are long waits for initial appointments. Before the appointment, compile information on the dementia symptoms and behaviors you have witnessed and bring any evidence you may have. You haven't mentioned anything here about her history of suspected dementia. Had she seen the PCP previously for memory issues or did he really just make the diagnosis after seeing her in the hospital one day while she had delirium? The hospital should have released her to the care of someone if she is unable to care for herself. Is she living with you? 

Meanwhile, start researching facilities and gathering information about applying for Medicaid for her. Does she own her home or have other assets?  If so, it may be a good idea for you to consult with an elder law attorney. I assume you are seeking guardianship because there is no financial or healthcare POA in place? 

All of this is a process. If your Mom is appointed a guardian she will lose some of her rights. It's a big deal. A doctor isn't going to fill out the affidavit unless he feels competent to make that diagnosis and decision and that he has plenty of overwhelming evidence to back it up. If an attorney could force a physician to complete an affidavit he didn't agree with, it would defeat the purpose of seeking a professional medical opinion. And the court is going to have her evaluated by another specialist as well, so if it's not a comprehensive and accurate diagnosis the guardianship is not going to get approved and you will have dragged your mother into court for nothing. (She will be in court with her own attorney.)