If my brother is in the hospital in another state, can his wife and acting POA overrule his wishes and stop me from contacting him?

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If my brother is in the hospital in another state, can his wife and acting POA overrule his wishes and stop me from contacting him?

I called yesterday to see how he was and the nurse checked with him if it was ok to give info to me and he said it was fine. My sister-in-law is on a power trip and has told the staff that she has a Power of Attorney and from now on all inquires must go through her. Can she over rule my brother’s wishes on this because she has POA?

Asked on February 2, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, she cannot: a power of attorney lets the attorney-in-fact (the holder or recipient of the power) act IF the person who gave her the power is not around or available: however, asssuming that person is mentally competent, the attorney in fact cannot override his expressed wishes or decisions.


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