When to Make a Nursing Home Abuse Referral:
A Guide for Estate Planning Attorneys
Estate planning attorneys are uniquely positioned to notice when something is not right with a client in a long-term care facility. The nature of your job often gives you insight into aspects of a client’s life that few other individuals ever see. During conversations about family relationships, finances, and future planning, you may notice concerning details that point to possible mistreatment.
Knowing how to identify those warning signs can help you understand when a nursing home abuse referral may be appropriate. At Lanzone Morgan, LLP, we collaborate with California estate planning attorneys to assess concerns of mistreatment and take action when facilities fail to protect residents.
Table of Contents:
- Red Flags That May Indicate Nursing Home Abuse
- Reviewing Death Certificates for Signs of Abuse or Neglect
- Nursing Home Abuse Screening Questions
- Common Questions About Nursing Home Abuse Case Referrals
- We Take Referrals for Elder Abuse Cases Across California
- Millions Paid in Referral Fees to Our Partners
- Trial-Tested Advocacy for Elder Abuse Victims
- What Happens After You Make an Elder Abuse Referral to Our Firm
- Our Professional Referral Network
- Let’s Work Together To Stop Nursing Home Abuse
Red Flags That May Indicate Nursing Home Abuse
Estate planning work often involves close contact with vulnerable people and discussions about their health, finances, and care arrangements. These interactions can reveal warning signs of potential abuse or neglect from nursing home staff or family members. Each type of mistreatment has its own indicators, and recognizing warning signs of abuse can help you determine when a client may be at risk.
Physical Abuse
Physical abuse involves the intentional use of force that causes pain or injury to a nursing home resident. Such misconduct can include hitting, slapping, pushing, kicking, pinching, choking, or using unnecessary restraints.
Common warning signs of physical abuse include bruises, black eyes, cuts, burns, fractures, or broken eyeglasses. Injuries that do not align with the explanations provided by your client or the nursing home can be especially concerning. If injuries appear repeatedly or your client has multiple injuries in different stages of healing, that can signal ongoing physical abuse.
Behavioral changes can be just as revealing as physical evidence. Your client may appear fearful around certain staff members, flinch when touched, or suddenly appear withdrawn. Additionally, a caregiver may refuse to allow your client’s family to see their loved one alone.
Sexual Abuse
Sexual abuse involves any nonconsensual sexual contact with a nursing home resident. This type of abuse may involve unwanted touching of a resident’s private parts, coerced nudity, rape, or forced viewing of pornography.
Clients who are suffering from sexual abuse may report having pain in the breasts or genital areas. Reports of sexually transmitted infections or vaginal or anal bleeding may also be warning signs.
Sexual abuse may cause your client to express a reluctance to be alone with certain caregivers or distress when discussing personal care. Your client may also experience increased agitation or sleep disturbances after suffering sexual abuse.
Verbal & Emotional Abuse
Verbal and emotional abuse involves any behavior meant to cause mental or emotional pain to a vulnerable adult. Caregivers engaging in this type of abuse may yell at, insult, threaten, intimidate, ridicule, or harass a nursing home resident. Other examples of mental mistreatment include isolating the resident from loved ones, using silence to control their behavior, or treating them like a child.
Changes in your client’s mood or behavior often reflect the effects of this type of abuse. They may appear anxious or agitated. They may become withdrawn or unresponsive to others’ attempts to engage. Nervousness around certain people may also suggest verbal or emotional abuse.
Some victims also exhibit unusual self-soothing behaviors typically attributed to dementia, such as sucking, biting, and rocking. A client who expresses feelings of worthlessness or shame may also be at risk of suffering this type of harm. They may apologize excessively or appear fearful of saying the wrong thing.
Neglect
Neglect occurs when a nursing home fails to provide the care a resident needs to maintain their physical or mental health. Unlike abuse, neglect generally involves inaction, such as failing to monitor a resident, respond to medical needs, or provide basic daily care.
If your client is experiencing neglect, they may lack adequate food, water, clothing, or medication. They may appear noticeably thin or weak due to inadequate nutrition or hydration. If they have pressure ulcers, they may complain of pain or avoid movement.
Pressure ulcers, also known as bedsores or decubitus ulcers, are commonly associated with inadequate repositioning and monitoring in long-term care settings. Because these injuries are often preventable with proper care, their development may indicate that the facility is not consistently meeting your client’s needs.
Other warning signs include untreated medical issues, such as infections that worsen over time. Unwashed hair, strong body odor, or dirty clothing may signal poor hygiene. You or the client’s family may notice soiled bedding, pests, or fecal or urine odors in their living environment. In some cases, a client who is suffering from neglect may directly state that their caregivers are ignoring them or leaving them alone for long periods.
Reviewing Death Certificates for Signs of Abuse or Neglect
Estate planning attorneys are often among the first professionals to review the death certificates of their clients’ loved ones. Certain listed causes of death may suggest that your client has a nursing home abuse or neglect claim. In particular, fall-related injuries, fractured hips, pressure sores, decubitus ulcers, sepsis, malnutrition, dehydration, or urinary tract infections commonly result from neglect or abuse.
When a death certificate indicates any of these causes, it is important to determine where the injury or condition developed. If it arose during a stay at a nursing home or assisted living facility, further inquiry is likely warranted.
In situations where the circumstances suggest preventable harm, consult with experienced nursing home abuse counsel, who can answer questions and help determine whether neglect or substandard care contributed to the outcome.
Nursing Home Abuse Screening Questions
When concerns arise about a client’s care, asking the right questions can clarify whether abuse or neglect may be occurring. Here are some open-ended questions to ask your client or their loved ones if you have any reason to suspect mistreatment:
- Have there been any recent changes in your loved one’s health or behavior?
- Are staff responses consistent when you ask about injuries?
- Does your loved one seem fearful around certain staff members?
- Have there been recent incidents involving wandering or elopement?
- Do you feel safe and respected at the nursing home facility?
If the answers you receive to these questions heighten your suspicions, it may be appropriate to explore the situation further. You can refer concerned family members to our nursing home abuse lawyers in California or contact us directly to discuss whether the circumstances warrant investigation.
The Value of Client Conversations
While screening questions can help uncover potential concerns, simply allowing clients and their families to speak openly about a nursing home’s care can be equally valuable.
As an estate planning attorney, you already discuss deeply personal topics with your clients, which fosters trust. This dynamic creates an environment in which concerns about a resident’s treatment may surface naturally. By listening carefully and remaining attentive to complaints or frustrations about the client’s nursing home care as they arise, you may identify situations that warrant closer attention.
Common Questions About Nursing Home Abuse Case Referrals
The following are the answers to questions we frequently receive about our firm’s nursing home abuse referral services:
Should I Wait To Call Until the Case Is Filed?
It’s best to call us before you file an elder abuse claim. Due to the complex nature of these cases, we prefer to be involved from the start. Rather than filing themselves and then contacting us, many estate planning attorneys simply send the cases straight to us, and we pay a referral fee consistent with California law.
What if I’m Unsure Whether the Facility Is At Fault?
You do not need to know for certain whether abuse or neglect occurred before making a referral. Many cases begin with unanswered questions rather than clear evidence. If you have any concerns about potential mistreatment, our legal team can review the circumstances and determine whether further investigation is warranted.
Can I Make a Referral Before the Family Decides to Sue?
Yes. A referral does not commit a family to filing a lawsuit. In many situations, families want to explore their rights and options before they proceed with legal action. An early consultation with our attorneys can help your clients make an informed decision about their next steps.
Do You Handle Cases Throughout California?
Yes. Our firm represents individuals and families affected by nursing home abuse and neglect across the state of California. Video meetings and electronic document sharing allow us to handle many aspects of a case without requiring either party to travel.
What Factors Strengthen a Nursing Home Abuse Case?
The strongest nursing home abuse cases have clear documentation showing that the facility’s failure to provide the expected level of care directly caused harm to the resident. For example, a family may have a strong case if their loved one suffered injuries due to the facility’s failure to monitor the resident, provide appropriate assistance, respond to changes in their medical condition, implement care plans, or properly vet prospective staff members.
What Records Should I Preserve Before Making a Referral?
If possible, encourage your client to preserve any records they have that may be related to potential nursing home abuse or neglect. Helpful documentation may include medical records, care plans, photographs of injuries or poor living conditions, correspondence with the facility, and incident reports.
How Long Will It Take To Resolve My Client’s Nursing Home Abuse Case?
Every elder abuse case is different. The timeline often depends on the complexity of the facts, the availability of evidence, and whether the matter resolves through settlement or litigation. Timing can also vary depending on whether the case involves a skilled nursing facility, assisted living facility, or licensed healthcare provider.
We Take Referrals for Elder Abuse Cases Across California
Our firm’s singular focus is seeking justice for victims of elder abuse and neglect in nursing homes. It’s all we do, and we do it well. When you refer a case to us, we’ll pursue accountability for the neglect or abuse while you remain focused on guiding your clients through their estate planning goals.
With over 75 years of combined experience handling high-stakes nursing home cases, we’ve earned a national reputation as a leading elder abuse law firm. Our attorneys have a proven track record of impacting California case law and holding nursing homes accountable, recovering more than $250 million in settlements and verdicts for our valued clients.
We represent clients throughout California, are well-versed in the state’s elder abuse laws, and have deep knowledge of the court systems, the nursing homes operating across the Golden State, and long-term care practices. Nursing home operators and insurers are familiar with our work and know that we don’t back down when facilities fail to protect vulnerable residents. They don’t want to face our experienced trial attorneys in litigation, and that readiness often results in strong outcomes through negotiation.
When you refer a case to us, we’ll treat the client and their loved ones with urgency and respect. You can trust that your client will receive the same care and diligence you bring to your own work. We’ll take the time to get to know them personally, provide the resources they need to heal, and create a customized approach to meet their unique needs during a challenging time.
“As a criminal defense attorney, I’ve referred elder abuse and nursing home neglect cases to Lanzone Morgan, LLP, for over 15 years, and they continue to be the best nursing home abuse lawyers in California. Anthony Lanzone and Jim Morgan are incredibly knowledgeable and treat every referral with care and urgency. After their cases are over, my clients frequently reach out to thank me, often telling me how grateful they were for the support and results Lanzone Morgan, LLP delivered. They handle severe cases like bed sores, falls, and neglect with professionalism and heart. Although they’re based in Long Beach, they’ve helped my referrals across California. This is the one if you need a trusted elder abuse law firm.”
“As an elder law attorney who doesn’t practice nursing home litigation, it was an easy decision to enlist the help of my colleague Jim Morgan of Lanzone Morgan, LLP, in handling an uneasy, difficult, at times gut-wrenching situation… litigation against a nursing facility. Jim and his staff were very easy to work with and kept me abreast of developments along the way. This type of case is emotionally challenging, especially when it involves your loved one. I am very satisfied with Jim and his firm and the outcome we obtained.”
“I cannot speak highly enough of Lanzone Morgan, LLP, and the compassionate, dedicated team behind it. From the moment you reach out, they treat your family with dignity, respect, and genuine care. Elder abuse and neglect cases are emotionally difficult, but Lanzone Morgan approached every step of the process with sensitivity and professionalism. Their attorneys are incredibly knowledgeable about elder law and are ready to fiercely advocate on behalf of your loved one. You never feel rushed or overlooked—instead, you feel supported and empowered throughout the entire case.”
Millions Paid in Referral Fees to Our Partners
We value the trust other professionals place in our firm, and that trust shows in our consistent track record of compensating our nursing home abuse attorney referral partners. Over the past two years, we have paid more than $3 million in referral fees to attorneys who referred nursing home abuse and neglect cases to us.
That total includes $1.87 million in referral fees paid in 2024 and $1.325 million paid in 2025. Referral fees we paid in 2025 included $90,000 in April, $80,000 in June, and $75,000 in September.
Trial-Tested Advocacy for Elder Abuse Victims
Our firm has tried nursing home abuse and neglect cases across California for more than two decades. We’ve repeatedly secured verdicts when nursing homes refused to accept responsibility or offered lowball settlements that failed to reflect the true nature of the victims’ suffering. If you’re concerned about the care your client is receiving in a nursing home facility, you can trust our track record of holding negligent facilities accountable.
In one notable case we handled, a jury awarded $7.6 million after finding a nursing care provider liable for neglect of an elderly veteran. We also secured a $1.5 million judgment in a bench trial after the court found 578 violations of the Nursing Home Resident’s Bill of Rights—the second-largest Bill of Rights verdict in California history.
What Happens After You Make an Elder Abuse Referral to Our Firm
After you refer a case to us, we’ll take it from there. Here’s what our nursing home abuse referral process involves:
- Initial Evaluation: We’ll review the available information, speak with the client directly, and determine if there’s a valid nursing home abuse or neglect case.
- Investigation: Our team will obtain and analyze records and interview witnesses to determine what happened and who may be responsible. We’ll also work with third-party experts, such as medical professionals, to evaluate the care provided and assess whether failures in care contributed to the client’s injuries.
- Filing and Negotiation: Once we build the case, we’ll prepare and pursue the claim. Our attorneys will handle all interactions with opposing parties and negotiate for a resolution while remaining prepared to take the case to trial if necessary.
- Ongoing Communication: Our attorneys will keep the client informed throughout the process. We’ll also provide you with updates on significant case developments as they arise.
Our Professional Referral Network
We are proud to collaborate with a wide network of attorneys who trust us to handle California nursing home abuse and neglect cases. These referral relationships reflect years of mutual commitment to protecting vulnerable clients.
Let’s Work Together To Stop Nursing Home Abuse
Quick intervention is key to protecting vulnerable adults from further harm. When warning signs point to possible nursing home mistreatment, it may be time to make a nursing home abuse referral. Lanzone Morgan, LLP, is a trusted resource for estate planning attorneys seeking experienced counsel to evaluate and pursue elder abuse and neglect cases.
If you would like to discuss a client’s situation or explore a potential referral relationship, please reach out. You can contact us through our online contact form or call 888-887-9777 to speak directly with our team.