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Can power of attorney keep family members from visiting the incapacitated person?

Asked over 2 years ago - Fort Worth, TX

My dad was in a serious accident. He is age 70. My mother doesn't like me and my brother and will not allow us to come to the hospital to see him. He is in ICU right now, but they are startin to wake him, but don't know if his mind will be ok. He may have had a stroke. She has power of attorney. Can she keep us from coming to the hospital to see him?

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Attorney answers (1)

Robert Jeffrey Mueller

Reputation Level 10

Answered over 2 years ago. Financial Markets and Services Attorney in San Antonio, TX.

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The contents of this answer is for educational purposes only and does not constitute an attorney-client relationship.

Short of a court order (injunction, protective order, etc), I do not know of any power a power of attorney (property or medical) would allow for your mom to restrict your access to your Dad.

Due to HIPAA laws, the hospital might or might not allow access...which is another issue. It sounds like there are other issues at play here which you did not mention. Thus, it is impossible for me to be any more specific as to my answer.

Good Luck!

Robert

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