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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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Good questions! That is exactly what the EVIL step mother is doing to me!! Is this legal???????
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Wow. I don't have an answer to that question but that seems really WRONG. Getting someone to sign a POA when they are under heavy sedation? I hope you find someone that can help you. I'd say to talk to an attourney but I know that isn't cheap. Maybe one that specializes in dealing with elderly's estates/money/wills etc. would be willing to just give you a bit of advice.
Good luck. You will be in my prayers. :)
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Our lawyer told us a medical POA covers only the medical aspects of the patients care. To cover anything else a person needs a durable power of attorney. I would stand up to the evil person. BTW, what is an ED?
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You can talk to an elder advocate. Ask the hospital they can get you in touch with them.
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When your mother-in-law is conscious ASK her what she wants...
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I was told by the home, that POA can say who can visit...if the visit would cause duress to the patient. The home denies visitation with a copy of POA.
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I dug out my POAs for my Mom and I'm not certain. In reading them, I am not certain it's cut-and-dried. It mentions that I should be treated just like her in all medical respects. Does that mean I could keep someone from visiting her in the hospital just as she could probably request? I'm not sure. Maybe it does but I don't think that's clear.

So, I don't know if it varies from state-to-state, but I would check on the laws of your state and try to look into this.I think you should contact a lawyer. Someone above mentioned that she might not have been capable to sign. That's just one issue. Whether or not she was capable of signing, the lawyer should be able to get a determination on whether the POA can keep the family away.

Also, since rights vary from state-to-state, my POA rights probably differ slightly, anyway, as different states have different interpretations of our rights. So, don't take what any of us say here as the answer, but get an attorney in your own state to investigate this and, if applicable, to stand up for the rights of the family.
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Any POA must be witnessed by two non family members. Who are the witnesses? Who is the Notary? The notary is required to ask the person signing the document if they are competent. It sounds like the POA is not enforceable if certain requirements have not been met because the POA has all the rights to decide for the person that they represent.
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I am assuming there was a lawyer or notary present when she signed the POA. If she was obviously impaired I think it was their responsibility to decline to notarize since the first page (at least on the one I have) explains in detail what the subject person is signing and whether they understand what powers they are giving the POA. Unfortunately I don't know how you could dispute this now.
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I may have somewhat of an answer here. I am barred from seeing my stepmother by her POAs who are fighting me in probate court. I am sure they don't want her to tell me anything. I have not tried to visit her nor will I so I am not accused to trying to influence the court case but she has told others that there is a restraining order for me for 1500 feet. I asked my attorney if this were true and he says it is not or I would have been notified. I have never been notified of such an order either. So, good luck. If someone doesn't want you there, even if it isn't the one you love, you are probably going to be denied access.
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I am my mother's POA and have her Healthcare POA as well. There is nothing in the agreement that states that I have the right to say who can and can't visit. You could look at a "blank" form online for what a POA states and see what you think. POA was explained to me as being able to handle my mom's financial issues, sell her home and make decisions affecting her financial well being, her healthcare POA only gives me the right to make decisions if a doctor has declared her incompetent. Don't let yourself be bullied by anyone when it comes to your mom! Best of luck.
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angelbus10, the only person who can answer that question is the PATIENT!!! Besides, DPOA's are only effective if/when the patient can NOT answer for themselves!!! Hell, I'm mom's DPOA & the n.h. where she's at FINALLY let my nurse care advocate access her chart!!! THAT was a fight I'm glad is finally over!!!
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Have you tried asking the person barring you if he would let you visit the patient while he/she was along so they could control the visit? I know that might have already been tried or might be awkward or impossible, but it is just a thought. Even from state to state each POA the way it is drafted/worded is what dictates what it empowers & what it doesn't.

If you can manage it I would try to visit at the same time as the POA is visiting & with setting it up in advance.
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You should talk to an Ombudsman at the hospital and request proof in writing that your visits are restricted. Often when patients sign in they specify what access is given. Get it in writing even if it is signed by a POA.
Then go see a lawyer and ask for a "show cause" as to why you can't see her.
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What is, "was going to be ed" mean? As far as a Medical Power of Attorney, the person appointed is acting as if he/she was the person who is doing the appointing. And yes, the MPOA can limit or prohibit visitors.
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As a general rule, if your mother didn't have sufficient mental capacity to understand what she was signing, then it's not enforceable.

Scott A. S. - Eldercare attorney
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The MPOA can limit visitors ONLY if the patient agrees!!!
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For the POAs I got for my mom, we did have two unrelated witnesses provided by the notary, who verified on the documents that they did not fit into the "related" categories (such as friends or relatives, for example).

However, while I didn't have a chain around Mom's neck dragging her in, I'm not sure they can really tell whether she was being forced to sign or not. How do they know I didn't tell her a story about doing something bad to her if she acted out, for an example? If a person is scared, I think there's a good possibility they'll sign out of fear. Also, notaries to my knowledge don't perform a competency test -- that's not even really possible for them and sounds complicated, too. So, just because it's notarized doesn't mean the person signing is competent.

Don't assume you can't do anything about this or to challenge it if you think it is worth challenging. Notaries are fallible as is the notarization process.
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My response is from the other side. I have a step-brother that stole thousands of dollars from my mom and step-dad. At my step-dad's funeral before my step-dad was put in the grave his son and grandchildren were asking about probate.

My step-dad was the smart one. He knew that his son would probably act that way at his death. He did a will on his own to protect my mom. The son has access to nothing.

Prior to getting ill, my step-dad would not allow me to call his son or grandchildren that had not contacted him in over 5 years. I even had his doctor's to ask him and he said no, he did not want his son notified. He also told me not to even call them when he passed away and I was not to give them anything. I should have honored his wishes, but I couldn't imagine as a child not knowing that your parent is seriously ill or dying. I called to let the son know that his dad was dying and it took him hours to return the phone call. He actually called about a minute after his dad passed.

At the cemetery the grandson's caught me in a moment of weakness. They asked to come to their grandfather's house to see where they had played when growing up. I allowed them to do so and they were like vultures asking and taking things out of the house.

My step-dad was wise enough to protect my mom and himself prior to getting ill. I was my step-dad's DPOA and currently my mom's DPOA. I'm also the Executor of his Estate and I'm also Executor for my mom. I've had all the locks changed on their home, put alerts on their accounts and notified the AL that under no circumstances are the son or his family to have any contact with my mom. The attorney and the doctors recommended this. My mom has dementia and she still remembers how the son did them and still gets very upset.

My mom has 5 children that love her very much and we are all in agreement that we will fight for our mom and make sure that her best interest is taken care of. If we manage my mom's money she may have enough money to last 3 years in AL. She is 89. I was told that prior to being eligible for assistance that if money is needed in the next 4 years that she would be required to do a spend down until all the money the son took was used or either the son would need to return the money. That $100,000 has been long gone. I don't see how any child or decent person could steal or take advantage of their own parents.

I'm saying this because everyone's circumstances are different. If I was being kept from my mom for selfish reasons, you bet I would be putting up a fight.
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Just an FYI- you can get employees at the UPS store to notarize documents and they are not witnessing whether or not the person is competent. Most banks will not allow these type of documents (Wells Fargo won't).
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Also, my sister who had MPOA did prevent me from visiting our mother except on pre-scheduled days.
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If somebody comes to visit that may endanger the patient's life then yes. Otherwise no.
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No he cannot stop family members from seeing patient. That constitutes elder abuse. I would report it to the Hospital and adult protective services for the county where the hospital is. If someone at the hospital is saying it's legal you can call the Omsbudsman and report it so they can come immediately and kick the DPOAHC out.
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My best guess is that the POA if validly appointed carries out as if they were the patient. Everyone can deny the right to a certain visitor. If I appoint a POA for myself who is acting in my capacity because I am unable to that POA can deny a visitor just as I myself can.
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Revenge, indignation and anger, Sizemoe, would be my first guess. It's not going to happen, but if my partner were to think of leaving so much as a plastic teaspoon to me in his will, I expect his children would rather set fire to the house than let me keep it.

All I mean is that I agree with you: everyone's circumstances are different, and so are their motives. Sometimes we can't even begin to guess what they are.
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I know some states do not need a notary or lawyer for MEDICAL POA.and they have different names for the POA's. Florida calls it a health care surragote and it is signed by 1 non related person and 1 related person who basically state the "person" is of sound mind when they signed. The required paperwork has changed fairly rapidly over the last few years. I would check with the state you live in to see what is legal. Check with a social worker or patient advocate at the hospital or facility she is at, they may be able to help. Best wishes.
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I hope the condition "causes them duress", is the key here. I would do all I could to find out as another writer said, whether her wishes are being honored.
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Countrymouse, you are so insightful. As my father got past 80, my sisters started asking me how much he had. I made sure he had a Will leaving everything to his wife. When he died I told her not to let anyone in the house, not even during the wake, they would take everything they could find. Maybe this POA is worried about someone shoving a Will under her nose and having her sign it. It's possible.
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Well, my experience is different, as far as keeping someone out of a facility because your POA, not what I have come across.
What I've found is that the memory care & assisted living staff will not prevent family members from coming in to visit.
I had a really difficult time in getting them to agree to call the police if they tried to take my step-mom for a "trip".
I wish it was so. My 90 y/o mid stage dementia who is dependent on others was taken on a 5 day road trip, missing medicine, took her 3 weeks to regain most of her strength. After that I got the facility to agree to call 911 if someone else was to try to take her out.
Geez!! This stuff is not easy.
FedUpNow, how were you barred, if you don't me asking. Who enforced you not visiting. Who told you, you could not visit?
Sorry, but this is in such contrast to what I've come up against in 2 (Texas & Oregon) states & 3 facilities.
Sam7194, same questions?
I sincerely hope you all find helpful answers.
My Step mom, just broke her hip, she is in a convalescent hospital & the crazy niece is out of the country, but she's promised me she will come & set things right! & I'm the POS of medical & legal & have been caretaking from afar & moved her in August to improve her care.
This stuff is starting to make me crazy!!!!
Take care all, this too will pass
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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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