Can Power of Attorney Stop Visitors? Explore the Limits

Do you find yourself questioning whether the power of attorney can shield you from the negativity you despise? Do you feel unsafe in the locality? Tired of Eve tase teasing and do you want to scare them away? Then here is your answer. The attorney does have the power to fulfill your wishes.

But to understand the above question needs to understand its meaning, power, functions, needs, and responsibility in the society.

8 Signs of a Bad Attorney: Legal Red Flags

Definition of power of attorney

It is the authority to act for another person in specified or all legal or financial issues. In-short POA is legal document, which give the legal authorities to take an against or on behalf of someone too ill or too young. It can be either financial or regarding any other matter. The another person, on behalf of whom the decision are taken is called as principal.

Can power of attorney stop visitors?
Can power of attorney stop visitors?

Now the question arises, does it indirectly control you or restricts you?

No, it doesn’t. The POA is designed to empower an individual or a civilian. There are different reasons for POA, designed to serve different purposes.

1) General Power of Attorney [GPOA]: it is used when the principal needs someone to manage their affairs temporarily. For when an extended absence.

2) Limited Power of Attorney [LPOA]: It has only limited access to powers, unlike General Power of Attorney [GPOA], and is typically utilized for transactional purposes.

3) A Durable Power of Attorney [DPOA]: It is in effect when the principal is mentally unstable. It most commonly used for long-term period.

4) Health Power of Attorney or Medical Power of Attorney [HPO] and [MPOA]: Most commonly used to make medical decisions on behalf of the principal. It is very important to note that, allowing someone to make medical decisions is risky hence the person should be trustworthy. It is a crucial component of the advanced care plan.

5) Springing Power of Attorney [SPOA]: It is only active only during specific time period and special occasions only in incapacity.

6) Financial Power of Attorney [FPOA]: Similar to GPOA but is only activated when the principal in need of aid regarding financial matters, ex: property distribution, writing of will.

These POA offer an individual the flexibility to choose when and what power to use, although, these powers made for the facility of the civilians, they are rather scared due to the lack of knowledge.

When is it Too Late to Dismiss Your Attorney?

Where to use power of attorney?

Given above are not only the various fields of POA but also various situations of where to use POA. For example; if a situation arises it the responsibility of the medical power of attorney to limit or to control the visitors due to health concerns. Under its own policy and rules without breaching its said duties.

In the case of non-health care matter, MPOA do not have any right to interfere. In essence, a PPOA is a tool for delegating decision-making authority, but it does not dictate or restrict social interaction, as mentioned before. But the POA delegate does have a right to regulate the visitors and their time.

Can power of attorney stop visitors?
Can power of attorney stop visitors?

Requirements of power of attorney

The law states ” natural person having the capacity to contract may execute power of attorney”. Here are essential requirements of POA

  • The POA must contain an expiration date,
  • it should be signed by both the parties
  • It should be signed under two witness
  • If it is durable POA, signed by two witness, then the witness be adult.

Now coming back to the main question asked, yes a power of attorney yes can limit the visit, either by personal choice or due to health conditions. The POA gives the authority to an individual to act on another’s behalf. The POA holds the power to deny any visitor to meet the principal. Following are some more reasons and list of authorization a POA holds.

1) Visitors from coming home/ hospital

2) Certain visitors entering the house, if the principal, does not wish to see them.

3) Visitors from interfering with medical issues.

4) Family members making end-of-life care decisions.

5) Visitors from making legal or financial aids.

6) Visitors from accessing bank accounts.

7) Interfering if the visitor is misbehaving

8) Or causing a disturbance.

Medical POA helps us decide, whether one should appoint a POA or not, although they have their rules and restrictions as said earlier. Once it is granted, all the permissions are granted to the principal. This put the principal in a tough situation. He or she [POA] is only capable of using their power, limited that is mentioned in document. Stopping any person from visiting or granting the person to visit is purely in hands of the principal, attorney-in-fact.

In serious situations, where it is not mentioned in the documentation, then keeping the medications and health of the principal, the attorney must act wisely, not breaching the duties. Especially, when the person is hospitalized, we can see the attorney using his power, stopping the visitors. Not any kind of POA has this kind of power, unless any legal relationship insists on doing so.

Can You Go to Jail at a Show Cause Hearing?

Now comes the question, who can override the POA

  • Revoking through a guardian
  • Revoking through a family member

Any medical power of attorney, who has been appointed by the principal has the right to stop the visitors from visiting. The power can only be revoked by an immediate, blood or family members.

FAQ’s

May this article find you good. Now here are some FAQs

1. Why is the medical Power of attorney appointed?

A. When principal I’d enable to do so, whore incapable, handicapped, or physically ill.

2. Can a medical power attorney stop visitors?

A. Not on their own accord. But if the times comes then they need to take a decision on their own. Usually, the principal have it documented on their own, on whom to allow and whom to not before both the parties sighing.

3. Can a family member override this rule?

A. A family member cannot override this rule. As the document clearly states handling over the rights and power to give to the attorney. In this case family members can apply for a petition in the court to terminate the power of the attorney.

Leave a Reply

Your email address will not be published. Required fields are marked *