Search Articles

Find Attorneys

Can a Husband or Wife Be Prevented From Visiting Their Spouse in a Nursing Home?

  • August 27th, 2013
Q
Can a family member or agent under a power of attorney prohibit the community spouse from visiting the nursing home spouse when there has been no abuse or any substantiating reason for withholding visitation?
A

Technically, the answer is "no"; it is up to the resident to determine who may come visit. As a practical matter, however, the resident may not be competent to make that decision and the facility may defer to to someone the resident has chosen, the agent under a durable power of attorney. If a dispute over visitation cannot be resolved by the various parties talking it over, the community spouse should consult with the ombudsperson, a volunteer who works to protect nursing home residents. Ultimately, visitation rights may have to be resolved through the appointment of a guardian who would have the legal power to make decisions on behalf of the nursing home resident.

Local Elder Law Attorneys in Ashburn, VA

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Evan Farr

Farr Law Firm
Fairfax, VA

Daniel Steven

Daniel N. Steven, LLC
Rockville, MD


Last Modified: 08/27/2013

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information