That’s something of a gray area. The agent under a durable power of attorney is only empowered to make financial and legal decisions. They are not empowered to make health care or personal decisions. The choice of visitors is a personal decision. The contract with the nursing home is a legal one. So this seems to involve both kinds of decision making. That said, I’d argue that’s it’s more a personal decision and the agent should not have the power to deny visitation.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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