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How do you know if a nursing home is abusing your parents money?

Cincinnati, OH |

My parents earn about 7000 a month in pension and SS. The nursing home took 80000 of their money from the forced sale of their home. Recently they made my mom cash in her life insurance....telling her they were stocks....my mother has never bought stocks. And they told her to spend it down or they would take the rest. I am worried they are stealing from my mom and Dad. How can this be investigated.

Attorney Answers 7


  1. Are your parents competent or does someone have their financial POA? Either way you need to contact a local elder law attorney to express your concerns about their financial situation. Also, you also need to get a copy of all the admission documents your parent signed to see what charges they are liable for, their rent, etc. to see what the monthly shortfall is (if any) that requires tapping into their assets.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Consult with an attorney who has experience in nursing home abuse. He will probably hire a private investigator to collect evidence. Good luck.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  3. Have a local "elder law attorney" review their contract, and investigate this. Good luck.

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  4. If you have power of attorney, you should consult a local elder law attorney, and also schedule a meeting with the nursing home administrator to have him/her explain what's going on. If your parents are competent, you should suggest a consultation with an elder law attorney...perhaps your parents will agree to include you in the consultation. If there is no POA, and your parents are incompetent, then you should consult a local elder law attorney about obtaining guardianship.


  5. It is common for the state to require a spend down of assets before they pay for a person's stay in a nursing home. Your mother should consult a qualified elder law attorney for estate planning and advice on the spend down issues.

    Good luck.

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  6. Something smells rotten in Denmark...Or in this case, Ohio. This would not be the first time some well meaning "administrator" has helped themselves, or their nursing facility to funds which do not belong to them. And somehow, the money, or the person, or the facility just cannot find any records. It always disappears when an investigation is begun.


  7. Ohio, probably like most states, has an Ombudsman for Nursing Homes. Call their office in Columbus and give them the details and follow up with an Elder Law attorney in Cincinnati. Good luck

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.

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