Jacksonville, TX asked in Elder Law for Texas

Q: Can a POA (her daughter)stop me from visiting my great grandmother,even though I visit her every weekend and I ask her

My great grandmother can not remember much,but I always ask if I can come over and spend the day with her and she says yes,from what iv researched even though her daughter is the POA,that doesn't give her power over visitation.

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1 Lawyer Answer
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
  • Estate Planning Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If it is a standard Statutory Durable Power of Attorney that your great grandmother's daughter has, that would authorize her to deny visitation. Similarly, even is she has a Medical Power of Attorney, that is designed to allow her to make medical decisions on your great grandmother's behalf. In order for her to legally deny you access to your great grandmother, she would probably have to have been appointed as your great grand mother's guardian. As a practical matter, though, she might be able to interfere with your access to your great grandmother and you would not likely have a legal basis to ask a Court to provide you with Court ordered access. Your best bet is to try and persuade her through kindness.

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