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If someone has been deemed incompetent for medical reasons

Resolved Question:

If someone has been deemed incompetent for medical reasons and their acting power of attorney takes control of everything, is it illegal for the POA person to restrict all the people in their life from visiting and talking to them?
Submitted: 5 years ago.
Category: Legal
Expert:  SoloLawyer replied 5 years ago.
texasrose -

A power of attorney is a legal document that gives someone the power to take care of financial and legal matters for the person who executed it, called the Principal. It is not a magical document that allows them to rule the principal's life. Legally, the POA agreement allows them to complete such transactions for the principle as: conducting bank transactions, buying or selling property, investing money, and conducting litigation.

That being said, sometimes when family members get POA's, they believe that they are now authorized to rule over medical and family matters as well as financial and legal ones. They usually have the principal's best interests at heart, but that document can get to a person's head pretty quickly. A simple POA does not give a family member the right to rule the other person's life.

Hope this helps,

M. Jex, Esq.



Customer: replied 5 years ago.
In this case the ex-wife dug out old POA papers and destroyed the current papers where she isn't his POA. She had me police escorted from our rental house and locks changed so I couldn't get the current papers. She went into the house before this event and stole all my cash money. She has told the Rehab Hospital where my fiancee is residing not to let anyone see him, but her and their son. When I went to visit they told me to leave. We have been in a relationship over 7 years. She has been remarried for three years. I would like to pursue this and don't know where to start?
Expert:  SoloLawyer replied 5 years ago.
texasrose -

What do you want to get accomplished? The ex-wife doesn't have the authority to keep your from seeing your fiance - botXXXXX XXXXXne. I'm shocked that the rehab facitiliy will not allow you to see the man you are about to marry. There must be something more to the situation.

Customer: replied 5 years ago.

My fiancee fell in the home and suffered injuries. Initially the ex-wife went to the Sheriff's department and made accusations that I tried to kill him and pushed him down the stairs. After 8 weeks of investigation they have found all accusations to be false and just her being controlling, manipulative, and power hungry. They knew from the first week of interviewing me and others it wasn't substantiated but had to complete the investigation. The Rehab Hospital states as POA she has the right to restrict all visitors. The medical hospital he was in first wouldn't restrict me from visiting during the investigation, because there was no police, legal paperwork to substantiate her accusations. I could only visit when she wasn't around to cause trouble and the few times she did come when I was there she started causing a drama scene and I just left, knowing it didn't do my fiancee any good with all the negative energy and drama. He has been disoriented due to a brain bleed and therefore deemed incompetent. He is completely oriented to person. He was extremely happy to see me last week, but I was asked to leave within minutes of arrival. They wouldn't even let me tell him goodbye.

Expert:  SoloLawyer replied 5 years ago.
texas -

Yes, I figured it was a little more complicated. I'm sorry, but I'm going to refer you to another attorney, I've helped as much as I could.

Hope it works out,

M. Jex, Esq.
SoloLawyer, Attorney
Category: Legal
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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Customer: replied 5 years ago.
THANK YOU!

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