Can a Power of Attorney Restrict Visitor Access to the Principal?

Yes, a power of attorney (POA) can include provisions that restrict who may visit the person granting the power of attorney, also known as the principal. The principal can specify in the POA document which individuals are not allowed to visit or contact them. This is particularly relevant in situations where the principal may be vulnerable or wishes to limit interactions for personal reasons.

However, the enforceability of such restrictions may depend on local laws and the specific wording of the power of attorney document. Additionally, the agent (the person granted power by the POA) must act in the best interests of the principal and may have their own discretion regarding visitation matters unless explicitly restricted by the POA.

Scope and Limitations of a Power of Attorney Regarding Visitor Restrictions

A Power of Attorney is a legal document that allows an individual (principal) to appoint someone else (agent or attorney-in-fact) to make decisions on their behalf. These decisions can relate to financial matters, healthcare, or general personal affairs, depending on the type of POA granted.

When it comes to restricting who can visit the principal, the authority of the agent under a POA has limitations:

1. Type of Power of Attorney

If the POA is a Healthcare Power of Attorney, the agent has authority to make healthcare-related decisions. However, this typically does not extend to controlling personal relationships or visitation rights, unless explicitly mentioned and under specific circumstances such as when it directly impacts the principal's health and well-being.

2. Principals Competence

If the principal is mentally competent, they retain the right to make their own personal decisions, including who they wish to see or interact with. An agent under a POA cannot override these personal choices of a competent principal.

3. Scope of Authority

The agent's powers are defined by the terms of the POA document. Unless the POA explicitly grants the agent authority to restrict visitors, the agent generally does not have the power to do so. Even if such a power is granted, it must be exercised in the best interest of the principal and with respect for their basic rights and dignity.

4. Legal and Ethical Considerations

It is important to consider the legal and ethical implications of restricting visitors. Such actions can be controversial and may lead to legal challenges, especially if they are perceived as isolating the principal or violating their rights.

5. State Laws

The extent of the agent's powers can also depend on the state laws where the POA is operative. Different states may have varying regulations regarding the powers and limitations of a POA.

As long as the “grantor” or principal's primary care physician (PCP) deems it to be in the best interest of the principal and a second MD agrees with the findings in the State of Ohio, then yes, such restrictions can be enforced. However, the final decision is highly dependent on the state's specific laws and regulations.

Consulting a Legal Professional

If you are concerned about the actions of an agent under a POA, especially regarding visitation rights, it would be prudent to consult with a lawyer who specializes in elder law or estate planning. They can provide specific advice based on the details of the case, the POA document, and applicable state laws. Remember, the primary goal of a POA is to act in the best interest of the principal while respecting their rights and wishes.