How Estate Planning Helps Families Navigate a Wrongful Death or Accident in Nursing Homes

When your family makes the difficult decision to place a parent or loved one in a nursing home, you expect them to be safe, cared for, and treated with dignity. What happens when that trust is broken? When a loved one suffers a serious injury or passes away due to neglect? 

These heartbreaking situations are more common than we’d like to believe, and they leave families not only grieving but also overwhelmed by legal and financial questions. That’s where estate planning becomes essential. Whether you’re facing a wrongful death or accident in nursing care now or trying to plan ahead, knowing your legal options can make all the difference.

When Nursing Homes Fail to Protect

Nursing homes are entrusted with caring for our aging parents and grandparents, but too often, understaffing, poor training, or negligence result in harm. Falls, untreated infections, missed medications, and emotional neglect are just some of the dangers that can cause serious injury or even death.

While not every injury is due to abuse, wrongful death or accident in nursing homes is sadly not uncommon. When families are left to pick up the pieces, many are overwhelmed with questions like:

• What legal steps do we need to take?
• Who has the right to make decisions?
• How do we access finances or records?
• How do we honor our parent’s wishes?

The truth is, these situations are heartbreaking. But they’re even harder when there’s no plan in place.

The Legal and Emotional Impact on Families

When a loved one is hurt or passes away in a nursing facility, families often face multiple challenges at once: grieving, handling funeral arrangements, and trying to understand what went wrong. Unfortunately, if key legal documents weren’t prepared ahead of time, navigating the aftermath can become overwhelming.

Without an estate plan, you may need to:

• Petition the court for probate before accessing accounts or property
• Fight over decision-making authority if there’s no named power of attorney
• Struggle to understand or enforce your loved one’s wishes
• Deal with delays in settling medical bills or long-term care obligations

This legal uncertainty only adds to an already painful experience.

Estate Planning Is About More Than Inheritance

While many people think estate planning is just about passing on assets, its most important role is protecting you and your family during difficult times, like after a wrongful death or accident in nursing care.

A comprehensive estate plan gives your family a roadmap. It removes guesswork, reduces delays, and helps ensure decisions are made with clarity and respect for your loved one’s wishes.

At Kristine Romano Law, we guide families in creating plans that cover:

• Health Care Proxy – So someone trusted can make medical decisions if a parent becomes incapacitated
• Durable Power of Attorney – For managing finances and legal matters without court involvement
• Last Will and Testament – To name guardians, distribute assets, and express final wishes
• Revocable Living Trust – To avoid probate and allow quick access to funds if needed after a death
• Clear documentation – So families know what to do, and when to do each task

When a Loved One Dies After a Nursing Home Accident

Losing a parent or spouse due to a nursing home’s neglect is devastating, but what follows can be just as overwhelming. From requesting records and navigating state investigations to dealing with probate and possible legal claims, the process is complex and time-sensitive. Families often face resistance from facilities and confusion about their rights.

That’s why having a clear estate plan and the right legal team makes all the difference. At Kristine Romano Law, we help families take action with compassion and clarity. Whether you’re seeking answers, accountability, or just help getting through the next steps, we’re here to guide you every step of the way.

Honor Their Life, Protect Their Legacy

That’s why planning is such a powerful act of love. Estate planning gives your family the tools they’ll need to act quickly, avoid court delays, and focus on what matters most: honoring your loved one’s life.

At Kristine Romano Law, serving Northborough, Natick, and Southborough, Massachusetts, we walk beside you with compassion, clarity, and care. Whether you're caring for a parent now or preparing for your own future, we're here to guide you through every decision, with empathy, professionalism, and a deep respect for your wishes. Plan today for peace tomorrow. Contact Kristine Romano Law to take the first step.

References:
Free Legal Info (Nov. 17, 2024) “6 Ways to Protect Your Parents from Nursing Home Abuse”
ProPublica (Mar. 7, 2023) “How One Woman Endured a Decade of Neglect in New York’s Guardianship System”