
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.
Speak to a lawyer, elder care attorney I guess, to see what they say about YOUR rights in this case.
I'm sorry you're going through this and wish you good luck and Godspeed in finding a solution.
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.
A Power of Attorney (POA) does not automatically give a child the right to ban a spouse from visiting. [1]
Unless the husband is abusive, dangerous, or has a legal restraining order against him, a daughter cannot use a POA as a tool to isolate her mother from her husband. A POA holder is a fiduciary-legally required to act in the resident's best interest, not to settle family disputes or personal grievances. [1, 2, 3, 4, 5]
Because assisted living facilities often fear legal liability, they frequently defer to a POA out of caution. The husband needs to assert his and his wife's legal rights immediately. [1, 2]
If you or someone you know is being denied access to a spouse in a facility, use these avenues instead of a writ:
Contact the Long-Term Care Ombudsman: This is a free, government-authorized advocate who investigates resident rights violations. They can step in immediately to mediate the dispute with the facility. You can find your local representative through the National Consumer Voice Ombudsman Locator. [1, 2]
[It has always been my understanding that the Ombudsman Contact must be posted for you to see at the facility.]
File a Facility Grievance: Request a formal review from the facility's administrator or director. Remind them that blocking a spouse may violate federal CMS visitation guidelines regarding the right to freely associate.
[1, 2, 3]
File an Adult Protective Services (APS) Report
Isolating an elderly person from their spouse can be classified as emotional elder abuse or undue isolation.
The husband or another concerned party can contact the local county Adult Protective Services agency.
APS will open an investigation into whether the daughter is abusing her POA authority to isolate the resident.
Disclaimer:
I consulted Ai (Gemini) online for these comments, and selected the answers that may be helpful to you. AI admits it could be wrong. I could also be wrong.
You say your wife has assured you that she is peaceful and happy.
Has she expressed to you that she wants to see you?
Have you asked her if it's okay for you to check on her?
Can you bring someone with you that she knows and loves?
[You do not need to answer here. Just ask yourself, taking your own counsel]
I think it would be responsible of you to keep confirming with your wife in person
(when her illness permits a conversation) that she is okay. Get it on a recording.
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