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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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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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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 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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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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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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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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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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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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