Access and Visitation

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.

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))

for more information on this bill, go to https://www.gpo.gov/fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-sec483-10.pdf

1 Comment
  • Ran Dy
    February 8, 2024 at 6:51 pm

    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.

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