Ombudsman helps man visit mother in nursing home, clarifies visitation rights amid family conflict

The ombudsman met with the mother at the nursing home and found she was able to understand where she was and clearly stated she wanted to visit with her son. When asked why her POA would instruct the nursing home to keep her son from POA, the mother stated her husband and son don’t have a great relationship and she gets caught in the middle. However, the mother stated again she wanted to visit with her son while she was in the nursing home. The Ombudsman then spoke with nursing home administrator and educated the administrator that a POA is not permitted to restrict visitation. The Ombudsman further explained the only way to restrict visitation is with a physician order stating visitation with a specific individual would adversely affect the nursing home resident’s health. The Ombudsman explained this makes logical sense, because many families have complicated relationships and you want to make certain the resident isn’t denied visits from friends and family based on unrelated family drama. When the Ombudsman left, the nursing administrator understood a resident’s right to unrestricted visitation is a fundamental right and the nursing home has a duty to protect that right. The administrator stated the son would be permitted to visit with his mother, as long as she stated that is what she wants.

The Ombudsman spoke with the son that afternoon and explained he would be permitted to visit his mother at the nursing home, so long as that is what his mother wants. The son was very happy and stated he was going to see her that evening. A few weeks later the son called the Ombudsman and stated he had visited with his mom several times and they had a great experience. The son also stated he spoke with the POA and the nursing home had informed him they could not restrict visitation if the resident wants to visit with that person. The son thanked the Ombudsman for protecting his mom’s right to visit with her son.