QUESTION

Grandparents won’t let me and fiancé see his father in a assisted living facility

Asked on Jun 10th, 2021 on Elder Law - Texas
More details to this question:
My fiancé’s father is in a assisted living home, due to stroke, and his fathers parents (my fiancé’s grand parents) won’t let us visit him in the nursing home. Is there any legal action we can take to be able to visit him in the home? My fiancé’s grandparents are not paying for the facility. The assisted living is being paid out through social security.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Either he is in assisted living or a nursing home, not both.  No one's Social Security is enough to pay for an assisted living facility or a nursing home.  Perhaps your fiance's father is in a nursing home being paid for by his Social Security and Medicaid. In any event, neither you nor your finance have visitation rights BUT his father has the right to have anyone he wants call or visit him, as long as those people have not abused, neglected or exploited him (and may do so again.) Facilities often confuse the point of contact (apparently the grandparents) as people with authority to exclude visitors. But that may not be the problem.  During the pandemic, nursing homes are allowed to exclude all but a designated "essential caregiver." Please clarify the situation.      
Answered on Jun 11th, 2021 at 5:11 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.

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