His daughter was given POA while in coma. My fiance lives in a nursing home now but is alert and awake. His daughter says I'm not welcome to visit him there because they don't like me, but we loved together and were together. It's obvious he wants me there but the nursing home makes me leave when I go there. This is so wrong but do they have power to do this?
Isolating a person just because a POA says so may be not acting in his best interest. For instance, if you were abusive and the daughter knew it, the daughter's actions make sense. If the daughter is refusing you just because she can, "they don't like me" [who is "they" and how does that matter?], then I'd notify Social Services or Department of Aging and file a complaint. Have them find out why the daughter's isolating her father and how that's in his best interest.
So I don't know what the situation is but I do know it's not that.
How long is it since your fiancé recovered from his coma?
Seems to me principle doesn’t want contact, but who knows.
Does he know that you are being kept away?
He needs to know or he will be believing that you abandoned him in his hour of need. I would get word to him and ask him to tell the nursing home that he wants you there. The POA is only whilst he cannot make his wishes known and is not of a sound mind. Sounds like he no longer needs anyone talking on his behalf if he is awake and alert.
That would be my 1st step.
Or did the daughter always had the Power of Attorney and now she is doing her duty to abide by what is written in the said legal document?
You must be communicating with someone from the family or a family friend to know that your fiance is now alert and awake. Maybe give this time, the accident could have created medical issues that the family would prefer you not see.
Id be careful leaving your house unattended too long, but thats me. What stops her from removing all his & your stuff in your absence? Or locking you out of the house if it is in his name only. Maybe have a neighbor notify you if anyone shows up at your house. Or get a ring/camera.
She could also wipe out your joint checking/savings accounts from what I am reading about other posters on this forum. After the $ is gone you cant do much. I wouldnt keep much $ in there to be on the safe side. Seems even long standing spouses wishes can be run over by vindictive POAs!!!! Wow I didnt know that!!
I looked it up this issue and the lawyers on a forum said to call an elderly law attorney, Department of Elder Services, or Department of Social Services. You have to do this quickly. They said you cant wait.
I dont know how she can over ride his rights if he is talking and wants to see you.
Can you talk to fiance via phone? Let him know what is going on? I would think if he is verbal he can say who visits him or not. Is he just awake, or is he oriented and knows what is going on? The POA acts on his behalf when incapacitated.
He should be able to get an attorney or notary to come in and remove her. Got to talk to the lawywr 1st.
There are 4 types of POA. Find out which one she has. This goes over the types.
https://www.notarize.com/blog/types-of-power-of-attorney
Please let us know how that goes. I just realized this could happen to ANYONE even long standing married couples with step kids can have problems. The step kids from 1st marriages can rip the spouse away, and keep the other spouse in the dark about their whereabouts. Please keep us informed how it goes. Good luck!!!
and thereby my POA for her remains in effect until death or a miracle. The POA could have been voluntarily signed by him prior to accident. I prepare POAs for family and friends, not an attorney required document because it is signed voluntarily. My son has been in and out of relationships and he is well aware if anyone is in charge when he can't speak up its Mom. My daughter, brother, hell I made one for my ex husband. Ever since Terri Shriver in Florida was on life support for years with long court battle between husband and parents it has been noted the vitality of having a POA.
There must be more history here.
I would like to suggest to meet daughter offsite to gain her trust. Getting closer to her, more friendly grounds may be the best start to the restart. Best wishes.
If you need help call your local Long-term Care Ombudsman Program, they are the Federally mandated advocates for residents in nursing homes. There is no cost for them to help you.
If he is awake and alert, can you talk to him by phone? Is there some reason he may not be doing anything to allow you visitation? Tell him he needs to talk with his doctor and the facility to add you to the list of people authorized to get medical information and to visit. A POA can be revoked at any time he chooses to do so if it is really the daughter keeping you from visiting.
Did something happen at the nursing home that they would not want you there? This may sound rude, but has there been any history of drug/alcohol or they would think you may bring some illegal substance into the facility? You didn't say it was daughter keeping you out, but the facility does not want you there.
A medical power of attorney is used when you cannot make decisions on your own. If he is ok now and wants you to visit, the social worker at the facility should be able to help him get this done or tell him why you are not allowed to be thee. You can also call the social worker to ask why they do not want you there (if you really have no idea).
Being alert and awake does not mean fiance is all there mentally yet.
Financial, mine said I could buy and sell. It didn't but should have said that any monies received, go into an acct that can only be used for my care. Also should say that POA will not make it hard for friends and family see me unless that person/s cause me distress.