How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36240
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

SIR, MY HUSBAND AND I HAVE BECOME LIKE FAMILY FOR THE LAST

This answer was rated:

SIR, MY HUSBAND AND I HAVE BECOME LIKE FAMILY FOR THE LAST TEN YEARS, CARING FOR OUR NEIGHBOR WHO IS NOW 90 YEARS YOUNG. A FAMILY MEMBER OF HIS, HAS JUST "COME AROUND" WHEN HE BECAME ILL. HE IS NOW IN A VA NURSING HOME.

THEY HAVE POWER OF ATTORNEY, AND HAVE PLACED RESTRICTIONS THAT WE CAN NOT
SEE OR SPEAK TO OUR FRIEND, WHICH THROUGH TEARS HE BECAME QUITE UPSET WHEN WE WERE ASKED TO LEAVE.

WHAT CAN WE DO? THANK YOU.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
If they only have a power of attorney, then that wouldn't give them the legal authority to prevent you from seeing your friend. A POA only gives the holder the right to act with the same degree of authority that the grantor (the older person) could act with. The holder of a POA can't act against the wishes of the grantor of the POA. Only when someone is declared legally incompetent by a court and has a guardian appointed could that guardian restrict who could see the ward (the older person).
.
If your friend hasn't been declared legally incompetent by a court, he could simply revoke the POA by signing a written revocation of their power in front of a notary. Then once the POA was delivered to the holder, their power would be revoked.
.
So if your friend is legally competent, he can decide himself who he does and doesn't want to see. Many nursing care facilities don't understand the legal difference in a guardianship and a POA and assume that a POA gives the holder the right to control visitors, but it doesn't. There are two different kinds of POAs, a financial POA and a medical POA, but neither of them would give the holder the power to restrict visitors.
.
However, I would agree that friend should speak to the relative first and state unconditionally that he wants to be able to see you and if the relative resists, he can simply revoke the POA and give a copy of the revocation to the nursing facility to let them know that the person no longer has any decision making powers for them.
.
If there is any question about friend's competency, then he could have an attorney present during any revocation who could act as a neutral witness and could verify that friend was competent during the revocation and that he understood what he was doing.
.
.
Thanks
Barrister
Barrister and 3 other Legal Specialists are ready to help you