- what state do they both live in? - does the PoA live in the mom's home? Does the mom live in the PoA's home? Do they live separately? If so, is the mom in a facility or a private residence? - how old is the mom? - is the mom mentally or physically incapacitated? - for what reason do you believe your husband is being blocked?
There are always 2 sides to every story. What reason do you think the PoA has to justify blocking your husband?
Someone, such as an attorney, needs to read the document to determine whether or not access to someone is restricted. This could be in a medical document as well, such as a Living Will, which could include preferences on who the creator of the document may or may not want to see under certain medical circumstances.
Elaborating on the related conditions would help. How long has this "ban" by the proxy? If your MIL critically ill? Does she have a contagious disease?
Google your states statutes that govern a POAs duties and responsibilities.
Yes, a POA can deny someone access. However, they better have a darn good reason or they are violating their fiduciary responsibility.
POAs are required to act as the person they are representing would when they were of a sound mind and in their best interest.
So, if mom doesn't want to see her son, then the son doesn't have to be allowed. If the son is pressuring mom or making her uncomfortable or upset then he doesn't get access.
More information about the situation would be helpful if you want any other help. Because there are valid reasons to keep certain people away.
If my mother was stealing money from her mom, my grandma, and I wanted to set up a restraining order or something so that my mom isn’t allowed to visit my grandma would that be a problem? Do I need my grandma’s permission to do so? Because she’s in denial and won’t admit what her daughter is doing. The only way I can stop my mom from taking anymore money would be to stop visitation all together.
IMO no. If Mom can make competent decisions definitely no. If she has Dementia, then like "isthis" says it better be a good reason why they are not allowing access and it can't be for personal reasons. Your husband needs to be disruptive in some way to Mom. Like his visits upset her. As said, if she is living with the POA, that person has a right to not let you in the house but, that does not mean u can't take Mom out.
People don't seem to understand what POA means. I think laws need to be changed and the POA made aware what their responsibilities are and what they aren't. They need to sign they are in aggreement that they except the assignment and they understand their responsibilities. In my state u don't need to sign and some don't even know they have been assigned.
If the mom resides in PoA's home, thecPoA may may control access to their own home.
In general, a POA cannot isolate the mom from her family IF THE mom wants to see her son, and if the son's visits are not upsetting or abusive.
- what state do they both live in?
- does the PoA live in the mom's home? Does the mom live in the PoA's home? Do they live separately? If so, is the mom in a facility or a private residence?
- how old is the mom?
- is the mom mentally or physically incapacitated?
- for what reason do you believe your husband is being blocked?
There are always 2 sides to every story. What reason do you think the PoA has to justify blocking your husband?
Elaborating on the related conditions would help. How long has this "ban" by the proxy? If your MIL critically ill? Does she have a contagious disease?
Yes, a POA can deny someone access. However, they better have a darn good reason or they are violating their fiduciary responsibility.
POAs are required to act as the person they are representing would when they were of a sound mind and in their best interest.
So, if mom doesn't want to see her son, then the son doesn't have to be allowed. If the son is pressuring mom or making her uncomfortable or upset then he doesn't get access.
More information about the situation would be helpful if you want any other help. Because there are valid reasons to keep certain people away.
If my mother was stealing money from her mom, my grandma, and I wanted to set up a restraining order or something so that my mom isn’t allowed to visit my grandma would that be a problem? Do I need my grandma’s permission to do so? Because she’s in denial and won’t admit what her daughter is doing. The only way I can stop my mom from taking anymore money would be to stop visitation all together.
People don't seem to understand what POA means. I think laws need to be changed and the POA made aware what their responsibilities are and what they aren't. They need to sign they are in aggreement that they except the assignment and they understand their responsibilities. In my state u don't need to sign and some don't even know they have been assigned.