Does a Durable Power of Attorney Grant the Right to Deny Visitors to a Patient?

By Teo Spengler

An agent under a durable medical power of attorney has authority to act on behalf of an incapacitated principal to make decisions within the scope of the power assigned. Generally, an agent is given broad authority to decide all medical and health matters. The right to allow or reject visitors on behalf of the principal is generally a part of the agent's authority unless specifically excepted in the power of attorney.

Durable Power of Attorney

A power of attorney is a legal document providing written authorization for an agent to make decisions on behalf of a principal. This legal document is prepared by or at the request of the principal, who selects both the person she wants for her agent and the scope of the authority granted. Durable medical powers of attorney give an agent the right to make health care decisions for the principal when she is incapacitated. The principal can narrow the scope of the authority by including limiting language in the document.

Agent's Authority

Generally, an agent named in a durable medical power of attorney has broad powers to make all decisions related to medical and health issues on the principal's behalf when she becomes incapacitated. These decisions include accepting or rejecting diagnoses and treatment options, selecting medical personnel, selecting health care and living facilities and reviewing medical records. These powers can be reduced by including language that expressly limits the power of attorney document; they can also be altered by the principal's expression of preferences about such issues as the use of life-sustaining treatment if her condition becomes irreversible.

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Denying Visitors

As part of her general powers, a medical agent under a durable power of attorney has the authority to restrict or deny visitors access to the principal. The agent may do so even if the medical professionals treating the principal have not recommended against visitors if he believes that the visits would be detrimental to the principal's physical health or emotional well-being. He may allow some visitors and refuse others as long as he does not violate his fiduciary duty to make all decisions based on the best interests of the principal.

Fiduciary Duty

An agent owes a principal a fiduciary duty, which is the highest duty known to the law. He is obligated to make decisions that are in the best interests of the principal and to put the principal's interests above his own. If the medical agent refuses to allow friends and family members to visit the principal for reasons other than the principal's best interests, he is violating his fiduciary duties. Unfortunately, access to the incapacitated principal can become a battleground in family or personal conflicts. Those denied access to the principal have the option of asking a court to review the agent's actions.

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Does a Power of Attorney Have the Right to View Medical Records?



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Is Power of Attorney Valid After Death?

If you wish to give another person the authority to make important decisions and act on your behalf, you may draw up a power of attorney, or POA. This document allows an agent to sign documents or otherwise act in your place. A specific POA grants authority over a single matter or field, while a general POA gives blanket authorization in any and all matters, as allowed by state law. The POA expires under certain circumstances, including death.

The Responsibilities of Medical Durable Power of Attorney for the Elderly

If a person becomes incapacitated, perhaps because of a mental illness like dementia, he can no longer make health care decisions for himself as he once did. If he created a durable medical power of attorney, he named an agent to make his health care decisions if and when he becomes unable to do so and this agent is responsible for following his wishes closely and acting in his best interests.

Laws of Tennessee Power of Attorney

A power of attorney allows an agent to make medical or financial decisions on behalf of a principal, subject to the terms of a written power of attorney authorization form. Power of attorney is governed by state law, and the laws of each state are slightly different. In Tennessee, power of attorney is governed by Section 34 of the Tennessee Code.

Power of Attorney

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