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doeffler · Dec 29, 2009, 09:20 PM

My mom passed on the 8th of December 2009. I'm her only next of kin, which I've proven. The social worker at the nursing home decided to give some of my mom's things to her boyfriend, whom she never lived with. Also, her boyfriend has asberger's syndrome. His social worker through the county told him to go get whatever he wanted out of my mom's apt, before he turned her keys in. My mom had no will. Is this legal? If not, what can I do? I'm going up this weekend to take care of cleaning out her apt and go through her things. But I'd like to know MN law on this so I know what I need to do. Thank you.

Fr_Chuck · Dec 29, 2009, 09:36 PM

no, everything in the nursing home should have been boxed up for the next of kin to get.

with that said I doubt there was anything in a nursing home of value.

Did she have an apartment also along with a room at a nursing home.

Or was this more an assisted living where she had a actual apartment in a seniors complex.

The boyfrined of course may have gotten a few of his things out of the room

Unless it was something of special value or special meaning, I would forget it, and go on

stinawords · Dec 30, 2009, 09:12 AM

If this was an assisted living complex (which it sounds like it was) the boyfriend may very well have had some of his personal belongings in the apartment. He had his own set of keys to the apartment so I wouldn't doubt that this is true. If there is anything of great value to you missing then you can ask the social services department at the place about it but until you go there and find out there really isn't anything you can do.

ScottGem · Dec 30, 2009, 09:28 AM

First, please accept our condolences for your loss.

Doesn't matter whether its Minn or any US state. I'm going to assume this is an assisted living center based on your statement that there were keys to her "apt". Nursing homes have rooms not apartments and generally don't have locks on the doors.

In the case of a resident's death, all the belongings should have been boxed and held for next of kin. If her boyfriend claimed he had some of his belongings in the room, then the social worker should have entered the room with him to get his belongings.

So know we have the question of what you can do. Unfortunately that's very limited. Unless you have an accurate inventory of your mother's possessions and you can prove things are missing, there is little recourse.

However, if you can prove things are missing, you can file a claim with the center operators.