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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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Does a power of attorney have the legal ability to prevent a

Customer Question

Does a power of attorney have the legal ability to prevent a sibling from taking their parent out of a nursing facility, for a few hours (lunch)?
Parent is staying at: The Harbor at Renaissance (Alzheimer's ward) located in Green County, Virginia
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

A Power of Attorney does not give the agent, or "attorney in fact" the authority to stop visitation or prevent someone from taking a parent out to lunch. The purpose of a POA is for that person to make decisions for a person who is incapable, but these decisions are things like paying their bills, entering into contracts, buying or selling real estate, managing bank accounts, etc.

Unless the agent has a restraining order against the parent, they cannot keep them from taking that parent out. I would recommend that they discuss the matter immediately with the administrator of the facility who should grant access.