One issue is whether or not you have the authority to restrict or allow visitation of your loved one in a hospital, nursing home, or hospice setting.
If you are acting solely as the agent under a healthcare proxy then you do not have the authority to allow or deny visitation with the principal.
The healthcare proxy law only gives the agent the authority “to make healthcare decisions,” which is limited to the decision to consent or to refuse to consent to health care. The law further defines this as any “treatment, service or procedure to diagnose or treat an individual’s physical or mental condition.”
Oftentimes healthcare providers will interpret health care to encompass decisions like discharge planning. However, the agent is limited in his/her ability to allow or restrict access to the loved one while he or she is a patient.
This means that the agent under a healthcare proxy has no authority to dictate who can or cannot visit or call a patient. In order to have that kind of authority, the agent would need to be appointed by a court as guardian of the personal needs of the loved one.
Eric J. Einhart
Russo Law Group, P.C.
100 Quentin Roosevelt Blvd., Suite 102
Garden City, NY 11530