Can an Agent Prevent Contact With the Principal Under a Power of Attorney?
Full Question:
Answer:
A power of attorney is a legal instrument that individuals create and sign that gives someone else the authority to make certain decisions and act for the signer. The person who has these powers is called an "agent" or "attorney-in-fact." The signer is the "principal." The principal must have mental capacity to make the power of attorney at the time of signing. As a principal, if the principal's decisions conflict with those of the agent, the principal's decision will govern, assuming that the agent confers with the principal prior to taking an action. If an agent has acted on the principal's behalf and acted within the scope of authority granted by the power of attorney, then the principal may be obligated by the terms and conditions of his actions.
With a general power of attorney, the agent has broad powers to act in the principal's best interests. However, sometimes a power of attorney is limited so as to grant the agent authority to act only in certain manners, such as to handle finances or real estate transactions. The answer will depend on the language of the power of attorney document and whether it includes the power to act in health care matters.
Please see the following TN statute:
33-3-109. Release of information to family members and
other designated persons — Acceptance of information from
family members of service recipients.
(a) A service recipient for services under chapter 6 of
this title shall be given an opportunity to approve and sign
an information release that authorizes the facility or program
to release certain information concerning the recipient to
certain family members and other designated persons. This
opportunity shall be offered when the recipient is entering
inpatient or outpatient treatment at a facility, admitted in
an emergency room, entering in a crisis response setting, or
admitted in ongoing treatment with a community mental health
care provider. This opportunity shall be offered to the
recipient at the time of admission, periodically during
treatment, and at discharge.
(b) The service recipient may withdraw authority to release
all information previously authorized, withdraw authority to
release the information to any individuals previously
authorized or modify either the type of information authorized
in subsection (c) or the individuals to whom the information
may be provided. All such changes must be executed in writing
by the service recipient or:
(1) The conservator of the service recipient;
(2) The attorney in fact under a power of attorney who has
the right to make disclosures under the power;
(3) The parent, legal guardian, or legal custodian of a
service recipient who is a child;
(4) The service recipient's guardian ad litem for the
purposes of the litigation in which the guardian ad litem
serves;
(5) The treatment review committee for a service recipient
who has been involuntarily committed;
(6) The executor, administrator or personal representative
on behalf of a deceased service recipient; or
(7) The caregiver under title 34, chapter 6, part 3.
(c) The information release shall provide the service
recipient options for authorized disclosures to:
(1) Specified family members that discloses only location;
(2) Specified family members who are to be involved with
discharge instructions and linking to other services; and
(3) Specified family who are to be involved in and
supportive in the treatment process.
(d) The department shall encourage education of mental
health care providers regarding accepting information from
family members in the course of the treatment process.