QUESTION
Power of Attorney and nursing home visitation.
Asked on Sep 21st, 2012 on Elder Law - North Carolina
More details to this question:
My mother is in a nursing home in North Carolina suffering with dementia. Her former life partner has Durable Power of Attorney. Through this Power of Attorney he has instructed the Administrator of the nursisg home to deny my sister and myself visitation right for my mother. Does POA allow him to do this or are there limits to the amount of power a POA,
Thank You
2 ANSWERS
Victor Obninsky
I can only speak for my own practice in California, but I draft a fair number of Advance Health Care Directives, These were formerly called Durable Powers of Attorney for Health. A well-drafted document carefully requires thee donor of the power decide who determines rights of access. Named individuals can be excluded or the holder of the power can be given broad discretionary rights to limit visitation. These powers are created by statute and you should check North Carolina law. You probably have a County Eldercare Ombudsman or Adult Productive Services who could investigate your situation. Good luck.
Answered on Sep 21st, 2012 at 12:13 PM
2 Awards
That is not usually a power or authority that is in the Power of Attorney. If the facility in which your mother is living is listening to your mother's life partner and denying you access, you need to ask to speak to the Administrator of the facility, see the Power of Attorney and have them show you or explain to you why they are allowing this to occur. Good luck.
Answered on Sep 21st, 2012 at 8:38 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship