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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116817
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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MY 88 YEAR OLD MOTHER HAS BEEN MARRIED TO HER 87 YEAR OLD

Customer Question

MY 88 YEAR OLD MOTHER HAS BEEN MARRIED TO HER 87 YEAR OLD HUSBAND FOR 14 YEARS. THEY ARE NOT SEPERATED BUT DUE TO REQUIRING HELP FOR HEALTH PROBLEMS
THEY HAVE TWO DIFFERENT HOMES BUT HE WAS STILL COMING TO STAY OVER WITH HER WHEN HE COULD.ON HIS LAST VISIT SHE NOTICED HIS LEG NEEDED MEDICAL ATTENTION. SO SHE TOOK HIM TO THE ER TO BE TREATED AND NOTIFIED HIS DAUGHTERS THAT HE WAS THERE. THEY CAME AND TOOK HIM BACK TO THEIR HOME TO GET THE REST OF CARE HE NEEDED.THEY HAVE POWER OF ATTN. OVER HIM . HE WAS LATER TAKEN TO THE HOSP. AND WAS THERE FOR A WEEK BEFORE LETTING MY MOTHER KNOW HE WAS THERE. HE HAD BEEN OUT OF IT AND FINNALLY CAME TO HIMSELF AND WAS CALLING FOR HER. SINCE THEN HE WAS TRANSFERRED TO A RE-HAB PLACE AND TOLD IT WAS FOR THREE DAYS . THEN IT ENDED UP THAT THEY TOLD HIM TEN DAYS .WE FOUND OUT HE THERE WAS NO RELEASE BENDING FOR THE REST OF FEB. OR MARCH. MY MOTHER ANGERED THEM BY TELLING HER HUSBAND SHE WAS AFRAID THEY WERE NOT GOING TO LET HIM COME HOME. SO THEY HAVE BLOCKED HER FROM CALLING HIM OR SEEING HIM AND WE WANT TO KNOW IF THE POA THEY HAVE GIVES THEM THE POWER TO DO THIS TO HER AND NOT LET KNOW ANY THING ABOUT HIM OR HIS HEALTH. IT IS CAUSING HER GREAT MENTIAL GRIEF BECAUSE SHE FEELS HE IS NOT BEING TOLD THE TRUTH OF WHY SHE IS NOT COMING OR CALLING HIM . DOES SHE AS A SPOUSE HAVE RIGHTS OF VISITATION OR DOES THE POA THEY HAVE GIVE THEM THE RIGHT TO STOP HER FROM COMING TO SEE HER?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, since they are his power of attorney, if he is not competent to make his own decisions they can stop her from visiting or contacting her. As his spouse, she can go to court and get power of attorney away from them. If he is mentally competent still, he can revoke their POA in writing as well and he can grant her his POA and then they can no longer stop the contact between the two of them. Either way, she needs to get the POA away from them because as long as they have it, they can stop her from seeing him.