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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33089
Experience:  16 yrs. of experience including family law.
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I have had a standing relationship with my cousin who has

Customer Question

I have had a long standing relationship with my cousin who has demencia, her daughter is wanting me to sto visiting her mom, she has ask staff to make deb and me visit in her room and keep the door open , we have been visiting in the patio and and dinning area outside the demencia care unit for a year with know problems. It is my cousins desire that I continue to visit. Does the staff have a right to force us to visit like this.
Submitted: 11 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 11 months ago.

Thank you for your question.

As long as the daughter does not have a power of attorney from her mother, and her mother has not been declared incompetent in Court, her mother has the right to have the visitors she wants when and how she chooses. The staff does not have the right to obey the daughter's desires when contrary to the mother's desires.

Assuming there is nor power of attorney or conservator, the answer is that the staff do not have the right to do this.

Please let me know if I have not answered your question prior to rating my answer.

I hope this information is helpful.

Customer: replied 11 months ago.
I believe you have. But, I find it hard to believe she doesn't,have constitutional rights, even criminals have visitation rights.Debbie wants me to continue visiting her .Debbies been in a locked care unit for a year, Even thought she had not been conserved.I believe her daughter is having her declared incompodent this week .Debbie believes she is going to a hearing , to allow her to return to an independent life. I didn't have the heart to tell her the truth. Her daughter is going to become her conservator , so she can stop people from visiting her mom. Is there any possibility of me becoming her conservator.
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. Can you tell me, does this cousin have a power of attorney? Is that why the medical provider is deferring to her?

Expert:  P. Simmons replied 11 months ago.

Sorry...I mean does the daughter have POA?