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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 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);

and

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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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