Can someone with medical POA decide who can and can't come to visit the patient? - AgingCare.com

Can someone with medical POA decide who can and can't come to visit the patient?

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My mother in law is terminally ill, and she appointed her "was going to be ed" to be the power of attorney while she was heavily sedated. He is trying to stop her family members from visiting, and stop her son from staying in the hospital next to her! Can he do this???

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so poa dont mean much if the patient is in the present -- thats what i arrive at..
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i dunno. aunt edna signed a hippa form for me. poa was being a d**k at docs office. in the end i was filled in on the medical results of the visit and not only permitted but encouraged to get involved by nurses. probably cause aunt edna verbally consented to doc. family doc is pretty powerful.
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If that POA was signed under sedation it isn't legal. A person has to be of "sound mind" to be able to give their DPOA or POA to anyone. Problem is now you would have to go to court I am pretty sure to have it set aside.
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My elder care attorney says I cannot prohibit the con artist who is influencing my mother from seeing her unless I have guardianship. My durable POA and Health Care Directive do not give me enough legal coverage. She can still make her own bad decisions until I get guardianship. POA typically only covers financial matters. Go see your mother-in-law. Make them prove they have the legal right to prohibit your visits.
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Yes. Her POA can prevent family or others from visiting if he is acting in her best interest or even perceives that he is. Sorry if you think it is spite or whatever. You can "work with him" and ask to visit in his presence or aides presence...but short of legally challenging the POA, you can't do anything. I'd drop it unless you think mil is in danger and wait until she is conscious and talk to her about what happened in a calm non challenging manner and ask her how she wants it to be in the future.

I had a friend who was hospitalized and her husband absolutely limited who visited, who was alone with her and times they could visit...and for good reason to not have any drama for his wife during her hospital and recovery stay. It was a good decision even though there was hurt feelings.
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Yes they can, I am my mother Durable and Medical POA. Because of mental abuse from certain family members, I always insist on an aide or nurse being in the room if they choose to visit my mom. Do they visit, NO, why because they already got everything legally when my Father died. It's a long story but she is better now, no IBS, off of all blood pressure and pain pills.
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I mean to say the administrator at the bldg decides & stays on top of which are cert which care or caid. Not the ombudsman. The omb, the other state workers & those left holding the bag at corporate will not get on the bandwagon to see that this is what is happening. Everywhere I called today acted like this lying & dumping has picked up speed this winter. I still can't even see it financially adv. to do 3rd party collections for someone that fell between the cracks except there is no papertrail. No proof of what was said at admit.
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The newest trick in all NHs here locally is to state on the phone that all their beds are duly certified for both medicare & medicaid. It is mostly not true because they could not afford to care for all patients if they operated with all medicaid. Since most would not have anything to gain by taking a patient that doesn't pay out this hasn't been a problem up til now. However the corp. owners have gotten wise to simply creating admission paperwork that is shady & overpowers state law that forces the POA to sign it so that they can come after & liquidate the only home they were allowed on medicaid with once signed. If the family does not sign the patient can't stay there. Now that these owners have gotten wise they lie to their marketer (bed sales) about every bed being duly-certified. The patient is admitted while still in the 100 days. They are put in a "supposedly duly cert." bed & no notice is given when running out of the 100 days. Medicaid will not pay out since it isn't a medicaid cerified bed & the state only demands a 24 hour notice not enuf time to find another bed. The home they were allowed into medicaid with now will have a third-party collection agent after it and I would guess future SS checks are seized
which is the only way someone is allowed a medicaid bed as the SS checks are the copay each month as the resident responsibility. I only know this is a new trick/lie because it happened at the one he is leaving & all along during his stay I was assured by the liars he had no coverage problems & could stay no matter what. Today while calling alternate NHs I was told the same lie that all their beds were duly certified. Then I called the state ombudsman & got the list of certified beds & found the prospective homes were also lying about which beds were medicaid. Best of all there will be no way to ensure he gets admitted into a medicaid bed because the ombudsman at the facility ultimately decides which ones are having a medicaid or a medicare in them & can move the cert. around the building to support keeping a patient in the same bed so you can't even tell by where the room is in the bldg. Worse yet the state hasn't caught up with the tricks so they will not be made to believe that he could move out of the frying pan into the fire.
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Why both TX & Oregon? I am in Texas & I hear often that Texas is the worst state in the union for NHomes. I can see that no state could do much worse. NHs know what they can get away with because the state doesn't care & they do & often. I have never had a complaint come out in dad's favor & many injustices have been done.

It also never ceases to amaze me though how many I will speak with in the chain on behalf of corporate & the state knowing what looks like it may go wrong w/o mediation or I am trying to prevent & it doesn't get prevented because they believe the facility & what I've been told.

Today, I am having to move my dad a third time since the 1st of his 100 days of skilled since this one he is leaving admitted him medicaid & just kept billing medicare. He could have stayed at the last place (medicare only) and moved only once & while I tried to make many calls & did everything to avoid this no one would get involved because they believed the fairy tale land where every building operates via what is on paper. TX is a nightmare state for nursing homes. I do wonder if there are better states. As for POAs I have seen different NH read & interpret the POA differently as well. While one NH will not follow the POA wishes regarding no use of narcotics or only under consent the other NH will want to give antibiotics but if the POA says no to antibiotics they will observe the POA's voice as the patient's voice & not give them. The NH does not always know the best for the patient simply because the POA has more med. history on the patient i.e. from hospital specialists like Inf. Dis. specialists & that antib. will only do more harm than good.
Again everyone is not a robot. Everyone brings into it there own experiences, schooling whatever. POAs are also worded differently depending on the lawyer. I think that is part of the problem. Even ombudsmen are not robots & if they are prohospice or pro narcotics they will side with whatever they think the staff says is right because in their minds the staff is sitting by the 1 patients side 24-7 & intimately knowing what is best. Forget the idiot POA what do they know. We know alot. But you know this could be the only reason NHs also refuse to call a POA when they send a patient to the ER so we can be there to advocate or at least calm the demented patient. I have never once been called when they were sent to an ER & they were always terribly frightened & over-treated & almost killed when I found out next day they were in hosp. The state of TX is a nightmare. I would not advise anyone to facilitate anyone in this state. Either keep at home or move to another state. Please. Do yourself a favor. I have lost an entire day today to having to move dad again.
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Everything is in the eye of the beholder. So basically everything does not happen because of building policy or state policy. It happens because whoever barred them brought into the barring their own experience, history & whatever nonsense was told them by the person barring them. The same goes for every staff member, employee of the state and so on. The biggest problem I see is that with so many elders in buildings there isn't enough prevention for mistakes, there aren't enough staff to go around & there isn't enough advocacy. Worst yet everything I have reported to the state in my parents buildings when investigated comes down to he said - she said. Documentation has gone missing. Documentation has been altered to make the building look better or bribing is changing hands between the state & facility during the investigation.

My biggest thing right now is an ounce of prevention is worth a pound of cure. And putting things in the state rule obviously isn't effective. I think there needs to be more of a watchdog group preventing problems from going so far that there even needs to be an on site investigation when the patient is already at a hospital or at another facility.

Although my dad is pretty institutionalized to be able to care for at home I wish I had never facilitated both my parents when I did. If I had it to do over again I would not have facilitated them knowing how broken the system is.
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