Access and Visitation

If you are being denied visitation to a loved one who is in a nursing home or hospital, this federal bill will help you in all 50 states.

 

Access and Visitation

The resident has the right and the facility must provide—subject to the resident's right to deny or withdraw consent at any time—immediate access to any resident by:

  • Immediate family or other relatives of the resident. (42 C.F.R. §483.10(j)(1)(vii))
  • Others who are visiting with the consent of the resident, subject to reasonable restrictions. (42 C.F.R. §483.10(j)(1)(viii))
  • The facility must provide reasonable access to any resident by any entity or individual that provides health, social, legal or other services to the resident. (42 C.F.R. §483.10(j)(2))
  • If a resident is married, he or she and their spouse must be assured privacy and to be able to share a room if both are residents in the facility and both agree to do so.  (42 C.F.R. §483.10(e)(1)  and (m))

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  • Rebecca Fyfe
    commented 2020-10-14 16:15:19 -0700
    Sophia, I have empathy for your situation. I am experiencing the same. You need an elder attorney in the state where your father lives. It will cost about 5,000. Is he in his home or nursing home? I would be more concerned if she is alone with him. Have you ever called the police on her for her behavior? Is she doing anything that would harm him? You can fight for guardianship and to be his power of attorney. You can also ask that she have a psychological evaluation. A judge would see her hostility toward you as a sign that she is unstable as you have never done anything wrong. Again, has she done anything to harm him? You can also say to her that you will take her to court (with all of the expenses) if she refuses to let you see him as it is unfair emotional distress. I would start seeing a therapist for the sole reason of helping you deal with such an evil person. If you end up in court against her, your therapist can explain to a just the pain and emotional abuse she has caused you.
  • Terri German
    commented 2020-10-14 15:30:40 -0700
    My stepmother has blocked my calls(for over a yr) and has permitted me to visit once for 1 hr 20 mins. I was allowed another 1 hr visit but she had fed my father so many lies that he threw me out. He is 86 with dementia. My stepmother has been a problem since they married when I was 7 yrs old. My mother died when I was 4. She is a chronic liar and trouble maker. She can keep me out of their house because her name is on the deed. She has power of attorney and medical power of attorney. I am sure she has convinced his Dr that I am not good for his health and will use it to keep me out of the hospital if he ever goes. What can I do before the time comes? I’d like to have advice before he goes into hospital. Could I sue her for false claims to keep me away from my Dad? She is a jealous narcissistic shrew
  • Sophia Lopez
    commented 2020-10-14 14:38:30 -0700
    can you please tell me what kind of attorney or do you know of a number I can call besides Adult Protective Service. I made a report, they are investigating, but she can’t give me legal advice as to our rights to see and visit our father but she is investigating everything else. can you give me an attorney name or do you have a number I would call to find out my rights as a daughter to be able to see my father who his wife will not allow us to visit him in his home and he is in hospice? She does not have any court orders, but she did file in advance directive and a DNR behind our back’s and took all of our names off of it…
  • Rebecca Fyfe
    commented 2020-10-12 19:27:34 -0700
    My father was first abused at the hospital which forced him into an inappropriate nursing home with no visit with a specialist and thus no diagnosis. He is essentially in a prison against his will because his wife who is mentally unstable put him there so she would not have to care for him. She cleaned out his accounts after he worked until he was 82. She is a witch of the worst sort. Now due to Covid, I have not been allowed to see my father at all. I cook all of his dinners which makes him more comfortable, but Dad is declining so much over 7 months of no family with him. It is INSANITY. The hospital and the nursing home have quite a racket to make the Medicaid millions.
  • Terri German
    commented 2020-03-03 07:07:05 -0800
    Has PA passed this law? Horrible stepmother keeping me from my father.
  • David Saxe
    commented 2020-02-12 23:12:43 -0800
    We are so messed up in this country. The lawyers have destroyed all basic humanity. Nursing homes and hospitals continue to abuse patients. Then they prevent visitation to coverup their abuse. My grandma is having similar issues. She was physically abused a few times. When I went to visit her, they stopped me from going in saying my name is not on the approved family members list. Later we found out they stopped me so I won’t see the bruise on her arm from their neglect. We have now gathered proof of their abuse and will be taking legal action against them. It is really sad how things are in healthcare these days. Also do visit us: www.davidsaxelaw.com
  • Cat Sario
    commented 2020-02-02 16:57:00 -0800
    My siblings and I fought in court for three years to be able to call and visit mom at her bed and board, which has multiple abuse reports from social service agencies.
    In court, when I read the California laws regarding moms right to receive phone calls or a visit for one hour on holiday s or her birthday.
    Mom says, why can’t I go to my brother’s house for Thanksgiving dinner.?!
    She cries, she is hit in the head by her caregiver and her husband, when she “doesn’t answer fast enough “, per moms report. She is very lucid and you can hear the fear in her voice when we speak, because the caregiver is holding the cell phone moms ear, listening.
    The judge said,
    “ oh, there are all kinds of laws on the books “
    (?!?!) and ruled to keep mom there, when we requested to bring her home and assume all financial needs.
    Judge said no
    ( we have pictures of her broken arm, bruises on her face, took her person pictures and robe away.)
    The corruption in Santa Ana Superior Court, Conservatorship dept. is CORRUPT.
    Read the 2019 , Sunday paper, September 23rd, front page article on this very court’s travesties , in the Orange County Daily Register,
  • Judith James
    commented 2020-01-30 12:36:07 -0800
    In 12/2017 Sarasota, FL we discovered my Mom had dementia and was living without a toilet in a hoarded home with most of her IRA missing. We reported the situation.
    A Guardian was placed over my Mom. The Guardian confirmed the POA felony abuse by my sister in 1/2019, The Guardian said she did not feel the need to press charges (Sherriff’s Report).
    The Guardian then moved my Mom into the relative’s house and no other family members are allowed visitation.
    My Mom is isolated from family and alienated from all other relatives. My Mom has not received counseling to understand she is a victim to the degree she can still understand.
    The Guardian runs a home health company and her employees work with my Mom and other wards. It is a conflict of interest but allowed in Florida.
    15 family members have not seen my Mom since the Guardanship took place. Before the Guardianship we saw her often and talked on the phone.
    My Mom has missed graduations, births, weddings,holidays and more. It is devastating to our family.
    It also painful to know our Mom was placed with the relative who financially hurt her.
    We are denied any information on my Mom.
    15 family members have not seen my Mom since December 2017, because we reported abuse that was found to be true.
    While the bill will not help seniors in private family homes it will hopefully help seniors in nursing homes and hospitals.
    At first I could not believe what my sister had done to my Mom. Now I am in anger the complicit actions of the Guardian.

    Isolate, alienate and deny visitation………………
  • Marina Kamen
    commented 2020-01-02 04:38:00 -0800
    My Father is home with my StepMother who will not ket me see my dying Father. This has been going on for years. I am 61 ..married 37 years and have 3 grown children. My father’s wife has been married 3 times. My parents were married for 35 years then my mother died. The were never divorced. My Father is now 95..had TBI…I took cared of him for 2 years in nursing Homs and hospitals after years of his new wife dividing us. He married her at 70 a few years after my mother died. For the past 4 years since his brain injury 5 years ago and me taking care of him like a private nurse with her galavanting around neglecting him, she has now spent the past 3 years cutting off phone, emails and all communication. He has dementia and has also convinced him that I am evil and she lies about things I never did. I have tried over and over again. Reaching out to so many to help me. NO success. This is evil, toxic & elder abuse not allowing a sick 95 year old dying man to have his daughter come say goodbye:(
  • Steve hasham
    commented 2019-12-05 13:16:39 -0800
    ln brief, l need help to find my mother, and to free her and allow her human rights and freedom and constitutional rights.

    l believe my mother is being kept in unlawful organized detention and confinement and l can not find her in person.

    Please provide help and suggestions.

    Thanks,

    Steve

    stevehasham20@gmail.com cell 1 604 376 4560
  • Robert (aka Barney) Rummel
    commented 2019-11-23 11:34:25 -0800
    I printed and read the four pages of the gpo.gov site; but what do you do when a court appointed Fiduciary has been the person who will NOT tell anyone where the long-time friend is being held; and twice (in the past) when we finally found out (just by calling dozens of facilities in Colorado Springs and getting lucky to find the place; when we went to visit; they would not allow access.) Now, the Fiduciary has moved her again and we don’t know where she is, but she has called several times on the phone and as she tries to explain where she is; someone takes the phone away from her!!! What next????
  • Catherine Mina
  • Cat Sario
    commented 2019-05-15 15:38:35 -0700
    My 92 year old mother is being isolated and neglected and abused under State Conservatorship. My sister and I have been fighting for Conservatorship of our mom for many years in the Santa Ana Superior Court in Southern California, Orange County.
    Judge is isolating mom from us, and mom just had a stroke last month.
    Kelli, WE CANNOT GET A LAWYER FOR THIS FRIDAY’S May 20 court date!! They denied us a continuance yesterday, and we have contacted 10 attorneys..we are desperate!!
    Without your help, a referral for an attorney to show up with us , we are dead in the water
    We can pay
    We wrote you a week ago.
    You are our last hope !!!!
    Please help us with anyone you can think of.
    Thankyou
    Cathleen Moore
    Sandi Cobianchi
    Daughters
    831.428.5073
    510.846.0434
  • Debbie Fox
    commented 2019-03-29 23:35:09 -0700
    People think Guardianship is going to help I only know it as a heart ache. Six siblings used Guardenship to control my mother and isolate her.

    First they arranged a home equity line of credit on my parent’s home they didn’t need. All but ONE credit card was paid in full in 7 months and the balance on December statement was only $1,560 they had the ability to pay off the loans with out the equity line of credit. One sister put her self in charge and wrote large checks to siblings on was $45,000 to buy a third property.

    Another sister wanted the house by having her son’s girl friend to get my mom sign the house over to her. It didn’t work.
    So that sister applied for guardenship in May 2014 they gave it to a paid court guardianship until Oct 2017. during June 2015 threw Aug 28 Myself and my brother’s families were court ordered NO CONTACT,

    The sister that petition got guardianship Oct 2017 and after her husband beat our mom up in the guardian’s home she moved my mom to a senior apartment after a year of being told our mom can not be living in her home on her own. that was Jan 2018 richt away she says my mom’s must be sold no the brother that got a large amount from the home equity line of credit was told to pay it back by a court order or he can not visit his mom her refused and admitted to filling bankruptcy . became conservative even with the GAL and Consevator and myself a brother objecting he brought in more siblings to side with him. Ones that got money from the line of credit Now the guardian will get the house for a few thousand.

    Non of the siblings visit my mom regularly and my sister the nurse who did not report her husband beat up my mom and she is a mandatory reporter. Cut off myself and brother again while my mother’s brother was in town staying with her in the apartment he aproved of the isolation of my mom and cutting us off again! April 2018.

    The judge was told of the son in law attacking my mother a Veteran born 1930 he asked the GAL what is this hearing about?
    permission to pay for the apartment. Then turns to my brother’s lawyer saying your client is trying to make this hearing about visitation and did nothing about the throwing my mom into the wall and letting her fall while yelling this is my house!

    I do not believe guardianship is going to help. The courts tend to agree with the abusers!
    If isolation is listed as elder abuse in your state go after them in a criminal case.

    Probate is all about draining the estate, medicate and isolate the probate court is going to side with the isolator.

    There are laws to keep veteran’s out of guardianship MI the name is uniform military guardenship act 321

    ANY FUNDS FROM THE VA my mom has dividends and that and the fact she passed SIX test! But the Judge is mad my mom used the law and got tested before the court could get their paid Ph.D, to test her first

    https://www.law.cornell.edu/cfr/text/42/483.10

    know your stste laws on elder abuse
  • Brenda Dally
    followed this page 2019-03-12 14:18:39 -0700
  • Catherine Murphy
    commented 2018-08-29 22:19:42 -0700
    I need help with my 85 year old mom who has mid stage Alzheimer’s and is in nursing Home. She has a Legal Guardian who is just a random Atty. appointed by the Probate Court He had no prior connection to my mom or I. My is being isolated and mistreated by the facility. I am her only nearby family and her only means of emotional support. I can only visit her on Wednesdays for 1/2 hour from 6 – 6:30 pm. They frequently try to cut the visits short. Even though they don’t get her out to me until 6:10, they try to make me leave at 6:30. She could walk with a walker how ever they are forcing her to stay in a wheel chair 24/7! Last week when I saw her she was sitting up, knew who I was and was talkative all though she did have some confusion. Today when I went to see her she was CATATONIC! I was shocked, appalled and frightened by the condition she was in! She was slumped over in her wheel chair, non-verbal, did not acknowledge any one was there or recognize me. Out of fear for her safety and medical well being, I called 911 to take her to the hospital. When EMS arrived, they refused to take her! They said only the facility or the guardian was able to authorize it. Supposedly no one could reach the guardian. I couldn’t reach him since I only have an office phone number. The Nursing Home blatantly LIED to EMS and said that being catatonic and non-verbal was her baseline. EMS did nothing! They did not take vitals, check her medical records or speak with her themselves. They told me that “I needed to do some research on dementia since it is a degenerative disease.’” I do know that. I know a patient does not go from sitting up, verbal and responsive one week to catatonic the next without an underlying cause – stroke or some medical condition such as a severe, untreated UTI. In the past few months in this facility, she has had at least 5 diagnosed UTI’s. Clearly they are being neglectful and not doing enough to keep them from happening. I am terrified of what they will do next. How to I help her? The guardian says he will transfer her to another facility. He has been saying that for over 4 months. I don’t know what to do. I need to get her out of this neglectful facility ASAP. I now fear for her life! What can I do? Where do I turn? How do I protect her?
  • Eric Weber
    commented 2018-08-16 12:34:33 -0700
    Hello my mother has very early onset Alzheimer’s my sister is POA my sister started out with a problem with me borrowing my mothers car which my mother offered to let me use then proceded to clean out my mothers banking account couple days later my sister started sending police to my mothers house for wellness checks and demanded my mother go into an ambulance for a competency check which my mother agreed too but wasn’t happy about well after 3 days in the local hospital mental ward my mother was released and told she was fully competent and shouldn’t even have been sent there well my mother at this time was very upset with my sister and wanted me to stay with her at her house as I did concerned about what my sister was trying to do the wellness checks by the police continued for about a week sometimes 2 a day until my mother was starting to break down I left for a couple hours and came back to my mothers to find her gone and soon after got a call from police telling me I’m not allowed on my mothers property anymore I tried contacting my sister only to get the a reply that my mother is in a nursing facility and wouldn’t tell me where now a week later still won’t tell me my mothers sister and my mothers boyfriend where she is only that she’s “safe”.I have done everything I can think of to get help with this very devastating situation and can’t get anywhere please help???
  • jane hermanas
    commented 2018-07-29 15:06:05 -0700
    My sister has POA healthcare and has refused to give family a passcode to visit mom in the hospital. She was supposed to be discharged but, again, is refusing to tell family members (who used to visit her daily) where mom went, etc. She and her adult son have scammed money from mom by paying their credit card with moms, took 1K with the “promise” of paying back….and now, with no one to check on her fear for mom’s safety as my sister has proven to have quite the temper…No one has helped.
  • Kellie Martin
    commented 2018-07-26 03:20:20 -0700
    I live in Virginia. We have called the cops for a welfare check but she’s intimidated and scared of my cousin and will not speak up. No one has guardianship. We hired a lawyer and he has done nothing for us. We also have called adult protective services and they pretty much said they are too busy. They did call the doctor and said she goes to the doctor regularly so she is fine. No she’s not she’s being held there against her will she wants to go home!
  • Carol Wellman
    commented 2018-07-25 19:40:58 -0700
    What state are you in? I feel the sadness you are having and know that you are suffering. Does anyone have guardianship? You can file a petition at the courthouse where your mom lives and request guardianship. You can also request the local police to do a well check on her. They will ask her if she is being treated well. You can also call the states Adult Protective Services with your concerns. They are required by law to go check. Let me kniw what state you are in and ill find someone to help you.
  • Kellie Martin
    commented 2018-07-25 15:37:08 -0700
    My father passed away in November. He gave power of attorney to his nephew. My father hated all his children so he did that to hurt us. Now my cousin will not allow us to see our mother. He has her in his home instead of hers. He will not allow us over there. She has stated she wants to go home but he will not take her home. He is doing this for money. We have no idea how she is doing or how her health is. We hired a lawyer to get guardianship but he has done nothing but take our money. He is steady getting rid of her possessions like every are his. We may never get to see our mother again or get any of our parents things. Alot of sentimental things in her house. We are so distraught over not being able to see our mother. We don’t know how much longer she has left.
  • Laurie Lucey
    commented 2018-06-29 11:46:35 -0700
    Had conference today. Stepmother was a no show. Her lawyer, my dad’s court appointed attorney, and the judge all feel I should be allowed to see my dad. But stepmother can con’t to block because she’s in SC. Will now have to find SC attorney and start again. How do people get away with this?
  • Laurie Lucey
    commented 2018-06-15 15:40:38 -0700
    Is there anyone with this organization willing to provide actual help? Real legal advice?
  • Laurie Lucey
    commented 2018-06-15 13:49:38 -0700
    How do you get a SC court to enforce a PA visitation order?
  • Carol Wellman
    commented 2018-06-15 09:18:20 -0700
    You dont need an attorney to call Adult Protective Services in your area— they are required by law to go see your mom and to help you figure it all out— like talk to your mother away from your niece to see if she is in danger. That needs to be done NOW!
  • simon Chaires
    commented 2018-06-15 08:52:48 -0700
    My niece, jessica bernal has my mother with a lady who she is paying to watch my mother. She will not put her in a nursing home because she keeps the rest of the money my mother gets from her retirement and her SSI payments. She knows that if she puts her in a legitimate nursing home there might not get any money left over for herself. When our family gets ahold of her and ask her where my mother is she tells us that my mother doesnt want to see us and she has power of attorney and she doesnt have to tell us anything. Im sure she tricked my mother into signing any papers she wants her to sign. She made my mother sell the home she lived in and the next day all that money was removed from my mothers bank account. I dont know what to do. I dont have the money to hire a lawyer I dont even have a car. I have a letter my mother wrote telling me that my nice and her daughter stole thousands of dollars from her bank acvount. I just want to see my mother before she or I die. As I am 70 years of age and not in good health.
  • Laurie Lucey
    commented 2018-06-08 13:51:08 -0700
    Got a positive piece of news – the judge in PA has scheduled a conference date of June 29th for my case. Although my father is not required to attend ALL other parties, including my stepmother, must be there.
  • Laurie Lucey
    commented 2018-06-05 13:35:35 -0700
    I’m so sorry for what has happened in your situation. I realize in may never see my father again. But I’m not ready to give up.
  • Carol Wellman
    commented 2018-06-05 13:17:50 -0700
    @ Laurie—Of course its financially motivated—all private pay people they like to keep- they did it to my dad too— he was in a private pay room in the VA in NC— $5000 for a hospital size room. They only had to give him his meds. He was independent in everything else. It was the nurses dream to keep him there. I was escorted off the VA property by local police- they said I was trespassing. The admins did the same to my dad for 2 months and they did it without a court order, took away his phone and wouldn’t let him talk to anyone- friends or family- for two months. He died on the way to his guardianship hearing Sept. 28, 2017. He was drugged to purposely fail his competency tests. His only way out of a bad situation was to die. Now waiting for the courts to expedite selling my dads house and property— but all lawyers involved make easy money doing this—sitting on a house— not selling it and waiting for the neighborhood to ransack it until it falls down— meanwhile THEY get paid. Its great for them to keep billing the estate while doing nothing. North Carolina guardianships exist as a way to criminally steal from elderly people!!
  • Laurie Lucey
    commented 2018-06-05 07:07:49 -0700
    Mary Bush – I can’t believe the way you’ve been treated. My father’s facility is about 12k per month. My stepmother has the financial means to con’t $$ for his stay. My father only has a small government pension. I am afraid that the director is financially motivated to keep my father there. I plan to contact the SC Ombudsman again, bring her up-to-date on the situation. She never returned my call last time so if that happens I have the name and number of the state ombudsman.