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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My spouse is in a nursing home, I like to take her out on the

Customer Question

My spouse is in a nursing home, I like to take her out on the weekend and keep her overnight, I have the POA . The people at the nursing home won't honor my power of attorney and won't allow me to take her.
My wife has dementia and taking her home has been very beneficial, more so then medication. Can the nursing home ignore my legal POA and prevent me from doing so?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I think that my power of attorney gives me the right to take her home for a day and night and I realize that I am fully responsible for her safety if you agree please send me a written message. My wife and I have been married for 66 years
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.Your power of attorney allows you to make decisions for her care. The problem with taking her out overnight is that the payment from insurance would be cancelled and also they can be forced to give up her bed space. If her doctor allows you could have day passes, but not overnights.Also, her medical provider can refuse to even allow day passes even though you have POA as you cannot contravene the medical providers authority.