Can a Spouse Prevent Family Members From Visiting a Relative in a Nursing Home?

Full question:

My husbands mother is in alzheimer care and his step father is over medicating her. He has said he is cutting off all access to his mother because he doesn't like the accusations. The dr in charge says he thought she was getting too much, but husband is adamant she get the drugs. Can he keep mother and son apart?

  • Category: Healthcare
  • Date:
  • State: New Mexico

Answer:

The answer will depend on all the facts involved, such as whether the father-in-law has been appointed as health care agent or guardian and it has been claimed that the visitation may harm her condition. We suggest you speak with hospital staff. It may be necessary to seek an order from the court to overturn a decision made under a determination of threat of harm by a health care agent or health facility policy.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a stepfather can make medical decisions for a mother with Alzheimer's if he is designated as her health care agent or guardian. This designation typically gives him authority over her medical treatment and care decisions. However, if there are concerns about his decisions, such as overmedication, family members can consult with medical professionals or seek legal advice to challenge his authority.