wives rights
- Thread starter lilian64
- Start date
Do you hold a health and welfare LPA for your husband? If you do then this is generally covered in that. Normally though a quiet word with the Care Home Manager is enough to get them to deny the person access. You don't mention the nature of the problem but if necessary you could always apply for a restraining order.
Hope this helps,
Fiona
Hope this helps,
Fiona
No person has any rights over another's life be they married or not.
If a person is acting as an attorney under a Health and Welfare POA they can only do so when the doner has lost the capacity to make a particular decision themselves.
This still does not mean every decision as someone could be deemed to have capacity to make a minor decision but not a big one like where they live or having a major operation.
Depending on why your Mum does not want a particular visitor going to see your Dad you or she or the home could speak to SS about safeguarding. If there are concerns for his welfare by this person visiting then the family should speak to the home immediately in any case.
Just because she does not want this person to visit does not mean they can't, even if she did have POA the attorney would have to have a valid reason, it has to be in the doners best interests not the attorneys!
I hope this makes some sense, I'm just waiting for my Dad's registered one to arrive any day so have been looking at this recently, and particularly in relation to a wives rights over her husband.
If a person is acting as an attorney under a Health and Welfare POA they can only do so when the doner has lost the capacity to make a particular decision themselves.
This still does not mean every decision as someone could be deemed to have capacity to make a minor decision but not a big one like where they live or having a major operation.
Depending on why your Mum does not want a particular visitor going to see your Dad you or she or the home could speak to SS about safeguarding. If there are concerns for his welfare by this person visiting then the family should speak to the home immediately in any case.
Just because she does not want this person to visit does not mean they can't, even if she did have POA the attorney would have to have a valid reason, it has to be in the doners best interests not the attorneys!
I hope this makes some sense, I'm just waiting for my Dad's registered one to arrive any day so have been looking at this recently, and particularly in relation to a wives rights over her husband.
I would try the 'informal' approach with the care home manager. Have a word with the manager and explain the problems you are having regarding visits from this particular vistor to your husband. This is the approach I would take. It may be that they can help you either to prevent visits or to monitor visits on your behalf.
xxTinaT
xxTinaT
I think it depends on what the problem is with the visitor.
If it's someone Dad would like to see but Mum would rather he didn't, then Dad's needs prevail.
If it's someone Mum knows Dad would not want to see then you could help her to explain the reasons to the Carehome Manager.
If it's someone Dad would like to see but Mum would rather he didn't, then Dad's needs prevail.
If it's someone Mum knows Dad would not want to see then you could help her to explain the reasons to the Carehome Manager.
