Long-term care home negligence claim
A claim for injury, neglect or death of a resident in a long-term care home.
What is included
- Reviews the transactions, records and care history
- Takes urgent steps to stop further losses, such as asking the court for a freezing order or injunction
- Works with banks, police or the Public Guardian and Trustee where appropriate
- Starts a lawsuit to recover money or compensation
- Negotiates settlements, with court approval where the person cannot manage their own affairs
What is not included
- Capacity assessments, medical reports, court fees and other disbursements
- Financial planning or investment advice
- Steps beyond the scope confirmed in writing, such as an appeal
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Older adults who lost money to fraud or exploitation
- Families concerned about a relative's finances or care
- Residents harmed by negligent care
Information to have ready
- 1Bank and investment statements showing the transactions
- 2Any documents the older adult signed
- 3Care home records or incident reports, for negligence claims
- 4Names of the people involved
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
The lawyer usually charges a percentage of what is recovered, agreed in writing before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Who is the lawyer's client when a family asks for help with a parent?
Usually the older adult is the client, and the lawyer takes instructions from them in private. Family members may be asked to step out so the lawyer can confirm the person's own wishes.
What happens if there is no power of attorney?
For health care decisions, Ontario's Health Care Consent Act sets out who may decide, usually starting with a spouse or partner if there is no guardian or attorney. For finances, a family member may need to apply to become a guardian, or the Public Guardian and Trustee may become involved.
What is the Consent and Capacity Board?
It is an independent Ontario tribunal that hears applications about capacity, consent to treatment, admission to long-term care and involuntary admission to a psychiatric facility.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; questions of capacity and care are decided by assessors, tribunals or the court
- Where the older adult is capable, the lawyer must follow their instructions, even if family members disagree
- Urgent safety concerns should be reported to police or other authorities right away
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