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Nursing Home Won't Let Me Talk to My Wife. What Do I Do?

Q
My wife is in a nursing home in Texas, and I am her agent under her power of attorney. She recently caught COVID-19 and the nursing home is refusing to give me any information about her health or let me speak to her. They’ve closed the facility to visitors, but they won't even give me basic health information on how she has been doing since her COVID diagnosis. Is there anything I can do?
A

You may or may not have any rights as a spouse, depending on Texas law. The durable power of attorney gives you certain legal and financial powers to act on behalf of your wife, but these don’t necessarily extend to medical information. For that, you would need a health care proxy or durable power of attorney for health care (depending on which is used in Texas). Or you would have to go to court to be appointed guardian for your wife. A local elder law attorney could advise you on the best approach. But legal fees can be a problem. You might see if there is a nursing home ombudsperson or elder protective services agency that could help intervene for no charge.

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