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I have Power Of Attorney of my father, he is in a nursing…

I have Power Of...

I have Power Of Attorney of my father, he is in a nursing home. Can we legally stop his ex wife from visiting him?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

Tennessee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That she is not good for him, she keeps trouble started all the time. She takes him candy and sweets, he gets 5 insulin shots daily for his diabetes.

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Answered in 5 minutes by:
3/28/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's hard to say for certain. Powers of attorney (POAs) generally are for financial matters, although if you have a POA that covers medical matters AND you're able to prove that the reason that your father gave you the power of attorney for that matter is so that you could control the access of the ex-wife (or similar situations) then you could prevent her access. But the main thing is to let the nursing home know this, in that the nursing home actually has a lot more power than you might think. Let the administrator or doctor know this, and get in contact with their attorney (almost every nursing home has an attorney on staff or ready to answer any question about this). The point is that they're going to be doing things that are in the best interests of their clients, and ONLY if the rights benefit the ex-wife will they defer to her wishes. Otherwise, they're going to do things out of a concern for legality and longevity of life (they are, after all, in the interest of making money, and they're going to act in a manner that is consistent with the longest life possible for the client as that will extend the amount of money that they're going to get... THAT is the best way to handle these companies... if they're not willing to work with you, you can threaten taking your father to a different nursing home, as THAT will hit them in the pocket book and make them more likely to work with you.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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