Q&A

Can a person with dementia change their Power of Attorney?

Can a person with dementia change their Power of Attorney?

The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal’s decision-making until the person with dementia no longer has legal capacity.

Can Social Services override Power of Attorney?

Without an LPA social services can make decisions on behalf a vulnerable person, if they think they lack mental capacity and believe it is in their best interests. They do not have to follow what the family want and cannot be liable for their decisions.

Can a power of attorney refuse to allow family members to visit?

The POA was contacted and when informed by his mother of her desire he refused to allow her to extend her stay. POA refused to bring her additional medicine so she could stay a few days longer. Advised he would block any efforts to secure additional medicine at the RX so that she could extend her stay…

How is the mother of the POA doing?

For the first time in almost a year she was able to see all her other children, grandchildren and great grandchildren. During that visit the mother slowly opened up and shared concerning facts about her treatment, and care while living with the POA’s family.

Can a family member visit an assisted living facility?

Healthcare agent prohibits visitation – the resident has a health care agent named in a healthcare Power of Attorney form. The healthcare agent does not want the resident’s relative to visit, so the facility bars the person. The resident may choose non-visitation rights.

When do family members have the right to visitation?

If the person does not want to have contact with a loved one, or seeks limited contact, such as phone calls but not in-person visits, the guardian should respect their wishes. Some states grant family members or other interested parties the right to petition for visitation in court if visitation has been denied by the guardian.

The POA was contacted and when informed by his mother of her desire he refused to allow her to extend her stay. POA refused to bring her additional medicine so she could stay a few days longer. Advised he would block any efforts to secure additional medicine at the RX so that she could extend her stay…

For the first time in almost a year she was able to see all her other children, grandchildren and great grandchildren. During that visit the mother slowly opened up and shared concerning facts about her treatment, and care while living with the POA’s family.

Healthcare agent prohibits visitation – the resident has a health care agent named in a healthcare Power of Attorney form. The healthcare agent does not want the resident’s relative to visit, so the facility bars the person. The resident may choose non-visitation rights.

If the person does not want to have contact with a loved one, or seeks limited contact, such as phone calls but not in-person visits, the guardian should respect their wishes. Some states grant family members or other interested parties the right to petition for visitation in court if visitation has been denied by the guardian.