scope of durable power of attorney I have a friend who has mild to moderate…

scope of durable power of attorney
I have a friend who has mild to moderate dementia and lives at an assisted living facility. The family has had me investigated by the state for financial exploitation for which no charges were made, because there has been no financial or other exploitation on my part. The ex-wife has durable power of attorney and has given the exec. dir of the facilty orders to keep me from visiting him. She is his poa for financial matters and medical, in the event he is determined to be incompetent to make medical decisions (which he has not). He is competent to self medicate, leave the facility on his own without supervision and is level one care (he does his own laundry, requires no prompting, etc.). Does the poa have the right to deny his rights to associate with whomever he wishes (Delaware’s Residents’ Rights Law) when there have been no charges of abuse or exploitation? The poa does not visit the resident and has very little contact with him. In nearly a year that I have known him, she has visited once and accompanied him to two Dr’s appointments. In addition, do I have a case for defamation since these directives against me visiting gives the appearance that I have done something wrong?

One thought on “scope of durable power of attorney I have a friend who has mild to moderate…

  1. Re: scope of durable power of attorney
    This is a very painful experience for you. Someone you love no longer has the power to choose his own friends. Technically, yes, he has the right to complain but will he? Probably not. He is the only one who can take away the power of attorney he gave and if he attempts to revoke it I am sure the woman will get a conservatorship on him. Your only recourse is to make friends with the holder of the power and convince him to let you see your friend. This will require great diplomacy on your part but I always say, it is never too late to learn how to be diplomatic. Mostly what you have to do is learn how to be polite even when you really hate someone. Good luck.

    Mona Montgomery
    Mona Montgomery, Attorney at law
    P.O. Box 10807
    Glendale, CA 91209

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