Oceanside, CA asked in Health Care Law for California

Q: It's legal for a healthcare agent to put a principal into a assisted living against her wishes?

There was not justified reason to put principal in facility only that power of attorney needed to go on medical leave. Principal had a 24 hr in home care, now the owner of facility is refusing to let anyone visit the principal. After she was informed of mistreatment by one of her staff against the principal. , claiming allegations of visitors being disrespectful to their staff, there's no proof of any kind of visitors being disrespectful, Is been 7 days since anyone was able to visit her. Very important the fact that principal stated in legal papers that her wishes are to live at home as longer she's alive and have 24 hr care. What can we do?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: A healthcare agent must act in the best interests and according to the wishes of the principal. If the principal has legal documents expressing the desire to remain at home with 24-hour care, the healthcare agent should follow those instructions, unless it is not feasible or contrary to the principal's best interests based on medical reasons. If the agent is acting against the principal's wishes without proper justification, it may be considered a breach of fiduciary duty. In such a situation, you should consult with an attorney to explore potential legal remedies, including petitioning the court to review the agent's actions and protect the principal's rights.


James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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