Nursing Home Visitation Rights

Summary

In Ohio, nursing homes generally need a valid reason, such as policy violations or disruptive behavior, to bar a medical power of attorney from visiting a resident. If no such reasons exist, the medical power of attorney should have visitation rights. For specific advice, consult a local attorney.

Full Conversation

I am an agent for my principal who is a resident in a nursing home and incompetent. The power of attorney is a durable medical power of attorney with no limitations and no expiration. It is also in records of Clinton county courts in which my principal resides. Nursing home will not allow me visitation to my principal how do I get access to the nursing home?
Have you spoken to the nursing home's management about your legal rights as the holder of a durable medical power of attorney?
Yes. I have spoken with the administrator of the nursing home and the company that owns the nursing home. They made a false allegation against me of neglect January 26th * but called no authorities did no internal investigation and submitted nothing to the state but if still not allowed me to see my principal.
What state is the nursing home located in? This will help me provide you with the specific laws and regulations applicable to your situation.
No response yet
Since there's no response yet, I'll wait for **** to provide an update or ask further questions. I'm here to assist with any legal concerns.
What does a attorney ad litum do
An attorney ad litem represents the best interests of a person (often a minor or incapacitated individual) in a legal proceeding. They are appointed by the court.
Does a attorney ad litum protect the rights in court of a incapacitated adult
Yes, an attorney ad litem is appointed by the court to represent and protect the rights of an incapacitated adult during legal proceedings.
If a incapacitated adult has a guardianship hearing and the incapacitated adult has no representation and is not allowed to attend hearing can guardianship be awarded
What is the location of the guardianship hearing? The rules can vary by jurisdiction. Generally, the court should ensure the incapacitated adult's rights are protected, which often includes legal representation.
Clinton county Ohio
What is the nature of the incapacitation of the adult in question?

In Ohio, the court can appoint a guardian if the adult is found to be mentally impaired. The adult has the right to an attorney.
Damage to brain due to unknown seizures
What is the current status of the incapacitated adult's guardianship case?

In Ohio, the Clinton County Probate Court handles guardianship cases. Their contact number is (*) *-*.
Guardianship a person was awarded even though a medical durable power of attorney wasn't existence and still is
What is the relationship between the person who was awarded guardianship and the incapacitated adult?
Sister
What is the sister's reason for seeking guardianship despite the existence of a durable power of attorney?
To maintain control of social security money and a $*,* that she received when her mother died a year ago
What actions has the person with the durable power of attorney taken in response to the sister being awarded guardianship?
Filed to undo guardianship based on no representation did not notify power of attorney of filing for guardianship and was not at hearing and was not allowed a support person . Power of attorney did not find out about hearing date until 2 days before hearing
What is the current status of the filed motion to undo the guardianship?
Court has appointed attorney ad litem. Power of medical attorney contacted attorney ad litum. Attorney ad litum informed medical power of attorney his only job was to make a reference to the court as to what is good for incompetent person not defend their rights
What is the next step the power of attorney is planning to take in this case?
Trying to find out what is really expected or to be expected of appointed attorney ad litum
What is the name of the court where the guardianship case is being heard?
Clinton county probate Court in Ohio
What is the name of the attorney ad litem appointed by the court?

In Ohio, an attorney ad litem's role is to represent the best interests of the incapacitated adult in court. They should provide a recommendation to the court based on their assessment.
Can we resume conversation on attorney ad Litum
Of course, ****. Could you please specify the context or issue related to the attorney ad litem that you'd like to discuss?
You asked where he was located or from
Sure, ****. Could you please tell me which state you're currently residing in? This will help me provide more accurate information.
Ohio
What is the specific issue or question you have regarding the attorney ad litem?
In in the state of Ohio if there is a guardianship hearing for an incompetent adult and the judge awards guardianship of person while there is already a durable medical power of attorney but does not revoke the power of attorney and records is a power of attorney still good
Did the judge specifically mention the status of the durable medical power of attorney during the guardianship hearing?

General Information:
- In Ohio, a guardianship doesn't automatically revoke a power of attorney unless explicitly stated by the judge.
- Franklin County Probate Court, Ohio: (*) *-*.
Judge reviewed power of attorney two days after a warning guardianship and then placed it in the records of the probate court with no revocation probate Court no revocation recorded
Based on your information, the power of attorney should still be valid. However, it's best to consult with a legal professional for confirmation.
How do you get back into a nursing home that has bought you with no legal standing
Could you please clarify what you mean by "a nursing home that has bought you with no legal standing"?
How do you get back into a nursing home who won't let you in and you have done nothing wrong
What is the reason the nursing home is giving for not letting you in?
6 months ago they said an allegation was made of neglect towards me to my principal but they never did an investigation never turned anything into the state they lied how do I get back in
Have you tried contacting a local ombudsman or legal aid service to assist with your situation? They can help advocate for your rights.
They did no good
What other steps have you taken to resolve this issue?
Call the police call the owner of the nursing home call the nursing home requested some kind of legal proof nothing I shouldn't have to pay a lawyer if I did nothing wrong that's robbery that's kidnapping
What was the response from the police and the owner of the nursing home when you contacted them?
The police made me leave for no reason
What was the reason given by the police for asking you to leave?
Because the nursing home said so to leave that is
What state are you in? This will help me provide you with the most accurate information regarding your rights and potential legal recourse.
It's been 6 months I'm also a durable medical power of attorney for the person they are keeping me from seeing no revocation has been done no paperwork for revocation has been filed the person they will not allow me to see is incompetent they withheld me from doing my job
What state is the nursing home located in?
Ohio
What is the name of the nursing home?
Wilmington nursing home and rehabilitation Wilmington Ohio * Hill Street *
What is the current health condition of the person you're trying to see?
I don't know I can't get in to see her
Have you tried contacting the Ohio Department of Aging's Long-Term Care Ombudsman Program for assistance? They can help advocate for your rights.
The ombudsman were ineffective my principal of the power of attorney is * so she has to be * for long-term aging
What actions did the ombudsman take when you contacted them? In Ohio, neglect allegations should be reported to Adult Protective Services for investigation.
The ombudsman basically told me because they were slow that there must be a good reason for it and they didn't have anything at all
Have you reported this issue to Adult Protective Services in Ohio? They are responsible for investigating allegations of neglect.
How do I get a hold of adult protective services
You can contact Ohio Adult Protective Services by calling their hotline at *-*-*-*. They are available */* to assist with reports of elder abuse, neglect, or exploitation.
The person in the nursing home is * adult protective services won't do anything unless you're * and older
What is the mental and physical condition of the person you're trying to see? This information can help determine the best course of action.
She's being deemed incompetent mentally and physically
What steps have been taken to establish her legal guardianship or conservatorship?
I am already her gerbil medical power of attorney she's incompetent I'm an active agent or sprung agent I'm also nominated in the power of attorney to be guardian should you need a rise the power of attorney document has no limitations and no expiration
Have you considered filing a petition for guardianship in the probate court of the county where the person resides?
Guardianship has been awarded to the sister because I was not allowed in to see her I was not notified as the power of attorney and therefore did not know about the hearing but my power of attorney I terrible medical power of attorney was placed into the records of probate court two days after being reviewed by the judge after pointing the sister guardian of person
Nothing her sister filed for guardianship and was awarded guardianship of person
No the sister filed for guardianship I was not notified as durable power of attorney and the court awarded the sister guardianship of person
Nothing
No I have not considered filing for guardianship
Have you considered appealing the guardianship decision in court?
I filed to undo guardianship the hearing is August 22nd of *
What evidence do you plan to present at the hearing to support your case for undoing the guardianship?
One that there was a durable medical power of attorney in place no guardianship was needed to the incompetent person was appointed no representation was not allowed to have a support person there and wasn't even taken to the hearing.
What evidence do you have to prove that the person was not allowed to have a support person at the hearing?
I found out about the hearing two days before I was there but was not allowed to speak
What was the reason given for not allowing you to speak at the hearing?
None I was told by the bailiff when entering the courtroom to sit down and say nothing unless asked or he would have two shift deputies escort me out
What is the name of the court where the hearing took place?
Clinton county probate Court in Wilmington Ohio
What is the name of the judge who presided over the guardianship hearing?
Judge Chad Carey
What evidence do you have to prove that the nursing home neglected the person you're trying to see?
Two separate incidences when I visited my principal in the nursing home evident signs of bruising and swelling on the cheeks with an attempt to cover up with makeup my principal had no makeup she was in a nursing home
Do you have any photographic evidence or witnesses to these incidents of bruising and swelling?
Yes I do also when I admitted my principal from the hospital to the nursing home with the power of attorney she was listed as a high bedfall risk the nursing home took no means to reduce the bed fall risk my principal fell out of bed got injured the nursing home tried to take her to the doctor outside of the nursing home but the doctor wouldn't allow it because he needed someone that was guardian or power of attorney so they called me the day before the appointment and asked if I would take her they were trying to hide it
Yes
Yes I can
Why do you keep saying sorry can you repeat your answer again
Repeating answer the answer is yes
What answer
Can a nursing home in Ohio bar or trespass you if they have no legal reason to
What is the specific reason given by the nursing home for barring or trespassing you?
They have filed nothing through the court.
What was the reason given by the nursing home for barring you? In Ohio, private property owners can generally ask anyone to leave their property without a court order.
This isa
It seems like your message got cut off. Could you please provide the reason given by the nursing home for barring you?
They won't give me one.
What is your relationship with the person residing in the nursing home? This information can help me provide more accurate advice.
She is my fiancee we have lived together for 11 years
What actions have you taken so far to resolve this issue?

In Ohio, you may have rights as a significant other to visit, especially if you've been a long-term caregiver.
I have called the owners of the nursing homes I have called the nursing home they have no good reason.
Have you considered seeking legal representation to help you address this issue with the nursing home?
I don't have money I'm not breaking the law why should I have to pay a lawyer
What is your current financial situation? Legal aid services might be available for those who can't afford a lawyer.
SSI barely enough to get by why shouldn't innocent person have to pay
Have you tried reaching out to legal aid services in Ohio for assistance? They often provide free or low-cost legal help to those in need.
Local legal aid will not help none available in this area
Have you tried reaching out to the Ohio State Legal Services Association? They provide statewide legal assistance and might be able to help.
No I have not how do I get in contact with THEM
You can contact the Ohio State Legal Services Association at * Buttles Avenue, Columbus, OH *, Phone: (*) *-*. They may be able to provide assistance.
If the principal of a medical power of attorney nominates the agent to be guardian if the need arises can that medical power of attorney request legal representation for the ward
What is the specific state you are in? Laws regarding medical power of attorney and guardianship can vary by location.
Ohio
What is the current mental state of the principal? In Ohio, a medical power of attorney can request legal representation for the ward if the principal is incapacitated.
Incompetent
In Ohio, an agent under a Medical Power of Attorney can request legal representation for an incompetent principal. However, a court may need to approve this.
Prove what
The court may need to verify the principal's mental incompetence. This is usually done through a medical evaluation by a licensed professional.
That was done
What was the outcome of the medical evaluation?
The person was deemed incompetent
What is the current status of the guardianship process?
I am the power of attorney trying to get representation for the person because someone else is filing for guardianship
Who is filing for guardianship and what is their relationship to the principal?
Sister
What is the reason the sister is filing for guardianship instead of you, the medical power of attorney?
Because that's why you draw up a medical power of attorney and make the recommendation or nomination for guardianship so that guardianship is not necessary
What is the sister's reason for contesting your guardianship nomination?

In Ohio, the court usually respects the principal's choice of guardian unless it's not in their best interest.
The sister did not tell the court that there was an existing medical power of attorney
What actions have you taken since discovering the sister's omission in court?

In Ohio, it's crucial to inform the court about the existing medical power of attorney. This can influence the guardianship decision.
I filed to undo guardianship
What is the current status of your filing to undo guardianship?
There is a court date for August 22nd but I cannot get any representation for my principal no legal aid everyone is declining and saying they can't help
What is the reason given by legal aid or other attorneys for declining to represent your principal?
They usually say it's something they don't do or we don't have anyone that can do that
Have you tried reaching out to the Ohio State Bar Association for a referral to an attorney who specializes in guardianship cases?
They have failed to return the phone calls
What other steps have you taken to secure legal representation for your principal?
Seeking advice here
What is the reason for the court date on August 22nd?

In Ohio, you can contact the Ohio Legal Help at (*) *-* for assistance in finding legal representation.
To undo guardianship
What evidence do you have to support your claim that the sister did not inform the court about the existing medical power of attorney?

In Ohio, evidence of the existing medical power of attorney can be crucial in a guardianship case.
Because I went to the hearing I informed the court there was an existing power of attorney the court wanted to see a copy of the medical power of attorney but went ahead and granted guardianship of the person to the sister. Two days later the judge entered the medical power of attorney into probate records
What is the current status of the medical power of attorney in the probate records?

In Ohio, the court usually respects the principal's choice of guardian unless it's not in their best interest.
In the state of Ohio a power of attorney revocation has to be recorded I have to receive notice neither the court nor the principal who cannot revoke it because she is incompetent and doesn't want to revoked that was discussed between her and I upon signing the power of attorney so the power of attorney the medical power of attorney is still active and good
What evidence do you have to prove that the principal didn't want the power of attorney to be revoked?

In Ohio:
- Power of attorney can be revoked by the principal if competent.
- If principal is incompetent, court can decide based on best interest.
Because on January 26th when the nursing home was trespassing me with the police officer I asked Sharon with two administrators of the nursing home and a police officer with a body cam if she wanted me to continue handling her business as a power of attorney her response to me was yes Vinny just you have any only you Vinny this was caught and is still on the body cam of the police officer I called the chief of police to have him view that body cam and he said yes it was still there
Have you obtained a copy of the body cam footage as evidence to support your claim in court? In Ohio, such evidence can be crucial in guardianship cases.
I need to get her representation an attorney I don't know how to do these things but she has no money it's all going to the nursing home
Have you considered applying for a court-appointed attorney due to financial constraints? In Ohio, individuals with limited income may qualify for this.
I have asked the court to appoint her an attorney for representation all they do is give her an attorney ad litem
What is the role of the attorney ad litem in this case?
When I talk to the attorney ad litum he said he would talk to Sharon that he doesn't support the sister or myself but to determine what is best for Miss Sharon
What is the attorney ad litem's assessment of what is best for Miss Sharon?
We haven't been back to court yet
What is the date for your next court appearance?
August 22nd
What is the name of the court where your case is being heard?
Clinton county probate Court Wilmington Ohio honorable judge Chad Carey
What evidence do you plan to present at the court hearing on August 22nd?
The fact that there was an existing medical power of attorney she also had the right to have her own competency assessment done she had to write to see and be seen by her power of attorney and also have a person of concern or interest present at the hearing and before the hearing. These are her rights and none of them were met
What evidence do you have to prove that these rights were not met?

In Ohio, it's crucial to present evidence to support your claims in court. Clinton County Probate Court can be reached at (*) *-*.
I was at the hearing none of these things occurred there's also a thing called a docket that records the hearing
What is the current status of the docket and have you obtained a copy of it for your records? In Ohio, court dockets are public records and can be used as evidence.
What do you mean what is the current status of the docket
By "current status of the docket", I mean has the docket been updated with recent court proceedings and have you obtained a copy of it for your records?
I have everything as far as an emotions petitions filed by myself or by the sisters attorney simply by going to probate records in retrieving them
What is the current status of the guardianship after the court granted it to the sister?
There is a court date to undo guardianship August 22nd
What steps have you taken to prepare for the court date on August 22nd?
Can you not go back through this conversation and see that we've already discussed this.
I am trying to get her proper representation
What steps have you taken to secure legal representation for your principal?
I asked the court to give her representation I checked legal aid in our area and community I called the state for legal aid help none of them are helping they say they don't have anybody or they don't deal with
Have you considered reaching out to law schools in Ohio? Some have legal clinics that provide free or low-cost services.
How do I get in touch with legal clinics or law schools
You can reach out to Ohio State University's Moritz College of Law Legal Clinics at (*) *-* or University of Cincinnati College of Law's Legal Clinics at (*) *-*.
Nursing home is not allowing me entrance due to an allegation of neglect made against my principle. Made by my principal's sister who is also filing for guardianship
What state are you in? Different states have different laws regarding nursing home visitation rights and guardianship disputes.
Ohio
What is the nature of the neglect allegation made against your principal?

In Ohio, guardianship disputes are handled by the Probate Court. You may want to consult with a lawyer.
The nursing home said the allegations that the sister made were vague
What specific allegations did the sister make? In Ohio, neglect allegations can range from physical neglect to financial exploitation.
That's just it they were vague
What actions have you taken so far regarding this issue?
So if allegations were made wouldn't the nursing home have to open up an investigation and then report any findings if necessary to the state and call the proper authorities if necessary
Yes, typically nursing homes are required to investigate allegations of neglect and report findings to state authorities. Have you contacted the Ohio Department of Aging's Long-Term Care Ombudsman Program for assistance?
The nursing home did no investigation
What steps have you taken since discovering the nursing home did not conduct an investigation?
Tried to go see my principal but they still won't let me in
Have you considered contacting a lawyer or the Ohio Department of Aging's Long-Term Care Ombudsman Program for assistance?
I shouldn't have to I have proof that the nursing home made a false allegation to keep me out
What kind of proof do you have against the nursing home? In Ohio, you can report nursing home complaints to the Ohio Department of Health's Complaint Hotline at *-*-*-*.
The sister filed for guardianship so the court appointed investigator the investigator talked to everyone involved myself Sharon, Debbie and the nursing home administrator. The investigator found no records of an investigation by the nursing home nothing submitted to the state and no allegations on record. But the day they told me there was an allegation made I called the police. The police came to the nursing home. They told the police officer that came out for the call that there was an allegation made so that he would escort me off the property that's on his video cam. But the nursing home has no records of any allegations or any investigation
The court appointed investigator found no records or allegations of neglect filed were reports made
What actions have you taken since the court-appointed investigator found no records or allegations of neglect?
As a power of attorney I'm trying to go see my principal but you're legally keeping me from seeing her I'm not paying money for an attorney they're the ones lying
What actions have you taken to report this issue to the Ohio Department of Health's Complaint Hotline?
They're hire department of health does not do false allegations they're in there to make sure that the place is clean that they have fire extinguishers that the food is good
Have you considered reporting this issue to the Ohio Department of Aging's Long-Term Care Ombudsman Program? They handle complaints about access to residents in long-term care facilities.
Ohio department of aging only those people * and over my principal is * the ombudsman have no legal preferences they can do nothing this is illegal issue
Have you considered filing a complaint with the Ohio Department of Health's Office of Health Assurance and Licensing? They handle complaints related to nursing homes.
How do I get a hold of them
You can contact the Ohio Department of Health's Office of Health Assurance and Licensing at (*) *-*. Their office is located at * N. High St., Columbus, OH *.
What rights does a perspective adult who is incompetent have during a guardianship hearing
What is the location of the guardianship hearing? This is important as laws vary by state.
Ohio
In Ohio, during a guardianship hearing, the prospective ward has the right to:

- Be represented by an attorney
- Attend the hearing
- Present evidence
- Cross-examine witnesses.

For more details, contact Ohio Probate Court: (*) *-*.
If an incompetent adult has no appointed guardian resides in a nursing home is a medical power of attorney the agent of the power of attorney is nominated for guardianship if they need arise request legal aid and be present during questioning regarding ship hearing in the state of Ohio
Can you clarify if the medical power of attorney has been formally nominated for guardianship? In Ohio, a power of attorney does not automatically become a guardian.
Yes medical power of attorney was nominated in a document as guardian
What is the current status of the guardianship hearing?
Principal and question had no guardianship at the time only a medical power of attorney with the nomination of the agent of the medical power of attorney for guardianship can that medical power of attorney request legal help and be present in questioning for a guardianship case
Has the court acknowledged the nomination of the medical power of attorney as the guardian? In Ohio, the court has the final say in appointing a guardian, even if nominated.
It has not went to court yet
What is the name of the county in Ohio where the guardianship hearing will take place?
Can a medical power of attorney visit their principal while the principal is in the hospital
What is the current visitor policy of the hospital where the principal is admitted?
What do you mean visitor policy
Visitor policy refers to the rules set by the hospital regarding who can visit patients, when, and under what conditions. Can you provide the name of the hospital?
Does a guardian ad litem have to talk to an incompetent adult whom he is trying to determine what is best for
What is the jurisdiction of this case? The rules for a guardian ad litem can vary by location.
Ohio
In Ohio, a Guardian ad Litem (GAL) is required to meet with the person they represent. They must assess their needs and wishes to make an informed recommendation to the court.
Can you show me laws that support in the state of Ohio that a guardian ad litem has to meet with the person they are representing
What is the context of this guardianship? Is it for a minor or an incapacitated adult?
For an adult and for guardianship of person
What is the current mental and physical condition of the adult in question?

In Ohio, a guardian ad litem must meet with the person they represent to understand their needs and wishes.
Incompetent
What is the relationship between you and the adult in question?

In Ohio, the guardian ad litem must:
- Meet with the adult they represent
- Understand their needs and wishes
- Report to the court about the adult's best interests.
Fiance and medical power of attorney
What specific concerns or issues are you facing in your role as the medical power of attorney for your fiancé?
Seeing her being notified of medical status.
What specific information about her medical status are you having trouble accessing?

In Ohio, as a medical power of attorney, you should have access to medical records unless specified otherwise by the court.
I just need to know if you can help me find Lowe's that support the task of the guardian ad litem and what he must do
Sure, I can help with that. Can you please clarify what you mean by "Lowe's" in this context?
Laws
In Ohio, a Guardian ad Litem (GAL) must:

- Meet with the adult they represent
- Understand their needs and wishes
- Report to the court about the adult's best interests.
What are the law codes for revised code numbers
The Ohio Revised Code for guardian ad litem duties is under Section *.*.
What is superintendent's of courts for common pleas
The Superintendent of Courts for Common Pleas in Ohio oversees the administrative functions of the court. Can you specify the county for more precise information?
Superintendent for courts of common pleas what is that
The Superintendent for Courts of Common Pleas in Ohio is responsible for overseeing the administrative functions of the court, including managing court personnel and operations.
How do I file something to the superintendent for courts of common pleas
What specific document or issue are you trying to file with the Superintendent for Courts of Common Pleas?
Continuance of hearing
To file a motion for continuance of hearing, you generally need to submit a written request to the court. However, the exact process may vary by county. Can you specify your county?
Clinton Ohio
To file a continuance in Clinton County, Ohio, you can contact the Clinton County Common Pleas Court at (*) *-*. They can guide you through the process.
They said they are not allowed to give legal assistance
In that case, you may want to consult with a local attorney for assistance in filing a continuance. Legal aid services in Ohio might be able to help.
In the state of Ohio what legal measures does a nursing home have to take to bar a medical power of attorney from seeing resident or principal in a nursing home
Has there been any violation of the nursing home's policies or any disruptive behavior by the medical power of attorney?
None
In Ohio, barring a medical power of attorney from seeing a resident generally requires:

- Violation of nursing home policies
- Disruptive behavior
- Court order

Please consult with a local attorney for specific advice.