Can a Nursing home require someone to cash in their life insurance policy to pay for care?

My mother has been admitted to a nursing home in Chicago. The home/medicare is telling my brother he needs to cash in tthe life insurance policy which has a value of $9,000 and turn it over to them. My mother had a stroke and cannot sign the papers. What rights does she have, or what should my brother do.

Asked on June 25, 2009 under Insurance Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Who is her power of attorney? Has she been rendered incompetent? Sounds fishy.  Your or your brother should arrange to speak with and/or meet with the following:


1. Florida Attorney General's Office;

2. Florida agencies who deal with elder care (check with the Governor's office);


3. An attorney who handles patient/nursing home resident rights -- try and check his or her record at the Florida State Bar.

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