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?
Community property states even with representing and living with over 6 months, does not protect your assets or rights. Sometimes the old ways are the best ways. Not just with assets, but with making important care decisions for him. Hard lesson but losing custody of the son is a completely different issue and one we don’t understand.
The situation you describe is somewhat confusing. Have you had some kind of legal/mental health/other issues that would allow your child to be removed from your care? (no need to go into details, just asking). There had to be some sort of issue raised in a court or with child protective help that they would be able to put you out of the home you had lived in for the past 10 years and to take your child so easily without a court hearing or some type of legal assistance on their part. As for getting married, it is very cheap to go to the courthouse and get married, so it sounds like you were both wanting something much more than that which put aside the marriage.
Also, do you live in a state that recognizes common law marriage? Of course you would have had to present yourself to others as a married couple, file taxes together, have bank accounts together or something that showed you presented yourselves as husband and wife. All of these things need to be addressed with an attorney.
You have asked if they have the power to do these things. Well, they have already done them. Were you served with some kind of legal documents to do what they did or did you just do as they asked...move out and give them the child? Attorney time is now - without delay - unless you already know there was a legal reason for the things they have done to you. If so, was there any kind of just cause for them to take the actions they took?
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.
Being alert and awake does not mean fiance is all there mentally yet.
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).
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.
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.
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.
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!!!
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.