Sometimes, when people can’t make decisions about money, property, or bills because they’re sick or busy, they choose someone to help called a power of attorney.
This is really helpful for those who can’t do these tasks themselves. But, can the person with power of attorney decide who can visit?
We wrote an interesting article to explain if a power of attorney can control visitors. So, let’s start learning!
What is Power of Attorney?
A power of attorney is like a special document that lets one person make choices for another person.
The one giving the power is called the principal, and the person getting it is the attorney-in-fact.
The power can be big, covering many things, or small, focusing on just one thing.
It lets the attorney-in-fact do things for the principal, like deciding about money or signing papers.
This is useful when someone can’t make choices for themselves, like if they’re not feeling well or can’t decide.
Can A Power of Attorney Stop Visitors?
Yes, if someone has power of attorney, they can decide not to let visitors come.
When you give someone power of attorney, it means they can make choices for you.
This includes saying no to visitors for various reasons:
- Not allowing them to come to your home
- Stopping specific people from entering
- Preventing interference with medical treatment
- Restricting visits in the hospital or nursing home
- Deciding about end-of-life care
- Making choices about money or legal matters
- Controlling access to financial accounts
The person with power of attorney can also step in if a visitor is causing problems.
So, yes, the person with power of attorney can stop visitors, but they must be sure it’s the right thing for the person they’re helping.
Types Of Power Of Attorneys That Can Deny Visitors
The person with power of attorney can say no to visitors if they think it’s good for the person who needs help.
It doesn’t matter what kind of power of attorney it is—whether it’s about general things, health, money, or other stuff. They all have the power to stop visitors if it’s good for the person they’re helping.
The person with power of attorney must:
- Tell people if they can visit.
- Make sure the person they’re helping gets what they want.
- Decide what’s best for the person they’re helping.
Examples Of A Power Of Attorney That Can Stop Visitors
Different types of power of attorney exist.
People give this power to different people in their lives.
They do this for various reasons and situations.
Some examples of people with power of attorney who can stop visitors are:
- Someone chosen by the court to be in charge.
- A family member is picked for healthcare decisions.
- A trusted friend or relative.
- A professional who takes care of money matters.
- A trusted medical person.
- Someone from Adult Protective Services.
Examples of What Restrictions Can Be Imposed
So, what rules can a power of attorney make for visitors?
A power of attorney can say:
- Only family members can visit.
- Limit how many visitors can come each day.
- Ask visitors to sign in and out.
- Stop visitors from bringing alcohol or drugs into the home.
- Say visitors must have a designated companion with them.
- Not allow visitors to stay overnight.
- Not allow visitors to bring pets.
- Stop visitors from bringing food or drinks into the home.
- Ask visitors to wear masks and keep a safe distance.
- Check visitors for COVID-19 symptoms.
How Can A Power Of Attorney Enforce Stopping Visitors?
How can someone with power of attorney stop visitors?
They can do things like:
- Change locks or tell visitors not to come.
- Call the police to make sure the rules are followed.
- Get a legal order to stop certain people.
- Put up signs saying visitors can’t come.
- Use cameras to watch the property.
- Hire security guards to enforce the rules.
Before doing anything, they should check the power of attorney to be sure they can refuse visitors.
What Struggles Would A Power Of Attorney Have Stopping Visitors?
Saying a person with power of attorney can stop visitors might sound simple, but it can be tough. Here are some problems they might face:
- Family members might argue and say they have a right to visit.
- It could make them feel bad or cause conflicts to say no to family or friends.
- It’s hard to make people follow the rules if they don’t want to.
- Managing the situation can be stressful and overwhelming.
- Keeping up with changes in health and safety rules can be tricky.
- They might argue with other families or caregivers who don’t agree with the rules.
- It might feel like visitors are taking advantage of the person with power of attorney.
Can A Power Of Attorney Get In Trouble For Stopping Visitors?
No, the person with power of attorney can’t get into trouble for stopping visitors. But they must always do what’s best for the person they’re helping.
If stopping visitors isn’t the best thing for that person, the one with power of attorney might face legal problems. This could happen if:
- They don’t give the person what they need, like healthcare.
- They break the agreement they have with the person.
- They say no to visits without the person’s permission.
What Legal Actions Can Get Taken Against A Power Of Attorney For Stopping Visitors?
Being a power of attorney and saying no to visitors is tricky because people can take you to court for not letting them visit. Here are ways you could end up in trouble:
- Not doing what’s best: If you don’t do what’s best for the person you’re helping.
- Saying no without a good reason: Refusing visitors when you don’t have a good reason.
- Giving wrong info: Telling visitors things that aren’t true about the person.
- Tricking visitors: Lying to visitors about whether the person can have visitors.
- Breaking promises: Not doing what you agreed to do with visitors.
- Getting money unfairly: Taking money from visitors who were told they can’t visit.
- Threatening visitors: Making scary threats to visitors.
- Saying mean things: Saying false and hurtful things to visitors about the person.
- Not being careful: Not being careful to stop visitors from getting upset.
- Recording visitors: Using cameras or microphones to watch or listen to visitors.
When It’s Not Recommended For A POA To Stop Visitors
Sometimes, a person with power of attorney (POA) is in charge of things for someone whose health is getting worse.
In this situation, it’s not a good idea for the person with POA to completely stop visitors. That’s because the person might need medical attention from:
- Family (like parents, children, adult siblings, etc.)
- Friends
- Medical professionals (like a doctor or nurses)
- Lawyers
The person might find comfort in having loved ones around and will need help with healthcare choices for their well-being.
The person with POA should also get access to:
- Medical records
- A living will
This helps medical professionals take better care of the person.
The person with POA should think about all possible visitors and make sure they aren’t stopping visits that aren’t necessary.
They should also clearly and regularly tell visitors about any restrictions. This makes sure the person is getting the best care.
If the person passes away because the person with power of attorney stopped visitors, they could face lawsuits from the families.
Conclusion
To sum it up, a power of attorney (POA) can decide who visits on behalf of the person they’re helping.
They can set rules and limit visitors, but they need to do what’s best for the person.
However, there can be challenges, like legal issues if they don’t act in the person’s best interest.
It’s important for the POA to think carefully, communicate rules clearly, and ensure the person gets the best care.