I have POA over a friend who is in a nursing home. The owner facility will not let me speak with her. Any advice?

Under what circumstances might a nursing home forbid a POA from seeing a resident, I ask myself. If the POA the person holds is FINANCIAL, I'd say the medical POA could issue such an edict if you are a disruptive influence in the resident's life.

If there is a temporary or permanent restraining order is place, the administration would be within their rights. If the NH is ordering you off of their property because you are a constant disruptive presence, they're probably within their rights. If the resident doesn't WANT to see you, they can do that. (Regardless of what you THINK, she may NOT want to see you.)

Unless the NH administration is psychotic, there is a reason for this beyond what you've written here. Share it so we can help you.

I suspect that the friend in the care home becomes upset and/or agitated when this visitor comes to see her and thus the owner felt obliged to ask him not to visit any longer. Having been given POA by the resident however, the writer has the right to see his friend, but the Ombudsman, having received a complaint about the writer, needs to see the POA to ascertain its validity. The writer is not comprehending the fact that he is skating on this ice with all concerned. I hope he sees the light. Yes, God is sending you a message. Sometimes strangers giving you good advice can be seen as agents of the Lord. Send the Ombudsman the POA.

The rights of the elder are being abused in terms of ISOLATION. You would need to check on your state's civil law as i am a Brit but Ca law states this:

Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, ISOLATION, abduction, or other treatment resulting in physical harm or pain or mental suffering. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Institutions Code Section 15610.07)

Abandonment: The desertion of an elder by someone who is a caregiver.
Abduction: The removal, without the consent of the conservator, of a conservatee to another state.
Financial Abuse: The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.
ISOLATION: The intentional preventing of an elder from receiving mail, telephone calls or VISITORS.
Mental Suffering: The infliction of fear, agitation, confusion through threats, harassment or other forms of intimidating behavior.
Neglect: The failure to fulfill a caretaking obligation such as assisting in personal hygiene, providing food, clothing or shelter, protecting a person from health and safety hazards, or preventing malnutrition.
Physical Abuse:The infliction of physical pain or injury, sexual assault or molestation, or use of physical or chemical restraints for punishment without, or beyond, the scope of a doctor's order.

Have you notified APS?

What reason does the facility's owner give for preventing you from contacting the person FOR whom - not "over" whom - you have POA?

Ok. One, what exactly was the difficulty with sending the DPOA to the Ombudsman's office? And two, more importantly, what on earth possessed you to stand on principle in that impractical way and, having gone along with the involvement of the ombudsman at first, have a change of heart that alienated the very people who would be able to help you?

Your mistake, I'm afraid. Before you spend money on a lawyer, wrap up a copy of your DPOA in pretty paper, tie a red ribbon round it, and take it personally round to the Ombudsman's office ready to offer them a full and frank apology for having jerked them around.

You said you tried and failed to send the document, several times. What was the nature of the failure?

You said you realised that you didn't have to send the Ombudsman a copy of your DPOA to claim your right to see your friend for whom you hold it, and that is why you decided not to do it. Legally true. But tactically a poor move - particularly after you had already told the Ombudsman's office that you agreed to do so. I repeat: your mistake. Do you want to win this argument or don't you? If you do, go back to the Ombudsman and apologise.

And offer the Ombudsman the eye witness testimonies of your friends.

Remember, you can draw more flies with honey than with vinegar. When dealing with people, do your darn best to be polite. Know when emotions are good vs. being neutral and matter-of-fact. Even if it means smiling while gritting your teeth.

So you couldn't get the POA sent via email after several attempts and saw it as a sign from God? Maybe it is a sign He wants you to stay away from her?
They still sell stamps and you can send it via snail mail, you know. Or maybe certified mail would be better!

The reason you couldn't send the POA by email is probably because it was either too large for you to send by email or too large for the receiver to receive by email. Many many organisations dont accept pictures - purely because they may contain viruses and while I am sure that wont be the case with you they cannot risk compromising their systems. So not a sign from God more likely a sign from Bill Gates!. Secure post it - it's the safest way other than physically taking it