QUESTION
Can my brother , who is the POA of my father deny me visitation right to visit in a memory care facility?
Asked on Jan 13th, 2020 on Elder Law - Florida
More details to this question:
I have tried to visit my father in a memory care facility. My bother has denied me the right to see my father for no good reason. Also in 2002 both of my parents gave me the POA. Right after Moms passing in 2016 the POA changed to my brother. Dad at that time was exhibiting dementia, can this new POA be valid when is /Dad mental status is questionable?
1 ANSWER
2 Awards
Whether your father had legal capacity to grant a Durable Power of Attorney or a Medical Power of Attorney in 2016 may be very difficult to determine in 2020.
However, only your father himself has the right to decide who his visitors are -- unless a prospective visitor has been neglectful, abusive or exploitive.
Answered on Jan 14th, 2020 at 5:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.