oldandtired1952 Asked June 18, 2026
Another case of POA exceeding their legal authority?
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Is an assisted living facility allowed to prohibit a spouse from visiting their wife solely on the written instructions of a POA in the state of Georgia? This happened to me earlier in the week. How much time and money is required to fight something like this nonsense? I feel like it is malicious behavior on the part of the POA and unlawful behavior on the part of the facility.
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A few important principles apply...
If the resident has capacity, i.e. if the wife is still able to express her wishes and wants to see her husband -- the facility would generally be expected to honor her wishes, not simply the POA's instructions. A POA is an agent acting on behalf of the principal; it does not override the *competent* person's decisions.
If the resident lacks capacity the situation becomes more complicated. Even then, a financial POA typically does not give authority to control personal relationships or visitation.
A health care agent under an advance directive may have broader authority regarding care decisions, but that does not automatically mean they can permanently ban a spouse from visiting.
Assisted living facilities also have resident rights that generally include the right to receive visitors, subject to safety concerns and the resident's wishes.
When Visitation Restrictions May Be Allowed
A facility may have grounds to restrict or supervise visits if there is evidence of:
abuse,
exploitation,
threats,
harassment,
severe emotional distress to the resident,
court orders,
or other documented safety concerns.
A facility is usually on firmer legal ground when restrictions are based on:
the resident's expressed wishes,
medical or safety concerns,
or a court-appointed guardian's authority,
rather than solely because a POA submitted a written instruction.
A court-appointed guardian generally has much broader authority than a POA. If there is a guardian involved, the analysis changes significantly.
If a facility is refusing visitation based solely on a POA's letter, you would want to know if it Is a financial POA, health care POA, or a court-appointed guardianship?
Does your wife have dementia, and if so, is she still able to express a desire to see you?
Is there any allegation of abuse, neglect, exploitation, or a protective order?
Those details can make a major difference in whether the restriction is likely lawful. This is an area where consultation with a Georgia elder-law attorney may be worthwhile if the facility is preventing all contact between spouses.
(Information aggregated by ChatGPT5.3)
If there are no good reasons to keep you away from your wife then you can always go to court and file for guardianship over your her, which costs thousands of dollars but will give you the final and only say pertaining to the care of your wife.
Of course you'll have to have proof that your wife's current POA is not acting in the best interests of your wife.
I wish you well in getting this all sorted out.