Visitation and Powers of Attorney

(2013) Visitation and Powers of Attorney. Aging, Department of (Elder Affairs, Department of)

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1. Visitation POA Policy 2013.pdf

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Abstract

Resident’s rights are guaranteed by the federal 1987 Nursing Home Reform Law. This law requires nursing facilities to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination. Iowa has incorporated these rights into state law for nursing facility residents, assisted living and elder group home tenants. The attorney-in-fact’s authority is over health care decisions and visitation and access to a resident is not a health care decision. The law does not specifically set out restrictions on visitation as a right that the attorney-in-fact can exercise. Therefore, it is the position of the Office of State Long-Term Care Ombudsman that the attorney-in-fact does not have authority to determine visitation. As such, that right remains with the resident.

Item Type: Other
Keywords: Rights, attorney, visitation, Power, resident, access, health care, elder, assisted, nursing, facility, tenant, durable, in-fact, home, health,
Subjects: Health and medicine
Health and medicine > Healthcare
Health and medicine > Healthcare > Mental health
Health and medicine > Healthcare > Nursing homes and assisted living facilities
Law enforcement and courts > Attorneys
Social issues and programs
Social issues and programs > Aging
Social issues and programs > Aging > Nursing homes and assisted living facilities and reports
State government
ID Code: 22127
Deposited By: Pat Wyatt
Deposited On: 20 May 2016 13:15
Last Modified: 20 May 2016 13:15
URI: http://publications.iowa.gov/id/eprint/22127