Under Ontario Regulation 246/22 of the Fixing Long-Term Care Act, 2021, nursing homes can only charge accommodation fees up to the day of a resident’s death. Charging accommodation fees after death is illegal, even if their personal belongings remain in the room. An executor must request a final statement and ensure any prepaid deposits or comfort funds are fully refunded to the Estate.
When an elderly loved one passes away in an Ontario nursing home, grieving families are immediately faced with a strict bureaucratic timeline. Long-term care facilities in cities like Toronto, London, or Windsor operate under highly regulated provincial legislation. Once a resident passes, the estate trustee must act swiftly to manage the remaining financial ties to the facility.
Many families mistakenly believe that a nursing home can keep a prepaid deposit or charge for the entire remaining month of rent. 💰 This is generally incorrect under Ontario law. Understanding how the province’s legislation dictates accommodation fees and trust accounts ensures the estate recovers every dollar it is legally owed.
Step-by-Step Process in Ontario
Ontario’s long-term care sector is governed by the Fixing Long-Term Care Act, 2021. This legislation provides specific protections for residents and their estates. Here is the step-by-step process an executor should follow.
Step 1: Empty the Resident’s Room Promptly
Under Subsection 158(9) of Ontario Regulation 246/22 (under the Fixing Long-Term Care Act, 2021), a licensee is legally required to discharge a resident on the day of their death, and they are deemed discharged on that date. 📦 This means that any subsequent billing of the daily co-payment fee after the date of death is illegal, regardless of when the room is cleared. However, most facilities still request that families clear the room within 48 to 72 hours out of courtesy and to allow another resident in need to occupy the room.
Step 2: Request the Final Account Statement
Once the room is empty and the keys are returned, ask the facility’s administration office for a final account statement. This ledger should show all monthly co-payments paid, any extra charges (like cable TV, hairdressing, or specialized therapies), and the prorated refund for the days in the month following the death.
Step 3: Inquire About the Resident’s Trust Account
Many residents in Ontario long-term care homes have an internal “Trust Account” or “Comfort Fund” managed by the facility to pay for daily incidentals. 🖩 The administration must freeze this account upon the resident’s death. As the executor, you must explicitly demand the closure of this account and a full payout of the remaining balance.
Step 4: Provide Proof of Executor Status
To release the funds, the nursing home will require proof that you are the legal representative. You must provide them with a copy of the Funeral Director’s Statement of Death and a copy of the deceased’s original Will naming you as the estate trustee. Some corporate facilities may also request a piece of your photo ID.
Step 5: Deposit the Cheque into the Estate Account
The facility will issue a refund cheque for the prorated monthly rent and the trust account balance. 💳 By law, this cheque must be made payable to the “Estate of [Deceased’s Name].” It cannot be written out to you personally. You must deposit this into an official estate bank account.
How Much Are Nursing Home Costs in Ontario?
Understanding what was being paid helps in calculating the expected refund. 💵 The Ministry of Long-Term Care sets standard accommodation co-payment rates across the province. As of May 2026, here is a general financial breakdown.
| Accommodation Type | Estimated Monthly Cost (CAD) | Refund Expectations |
|---|---|---|
| Basic Ward Room | $1,980 – $2,100 | Prorated refund based on the daily rate after the resident’s date of death. |
| Private Room (Maximum) | $2,800 – $3,000+ | Higher daily rate means a larger refund for unused days after the date of death. |
| Legal Intervention | $300 – $600 | Lawyer fee to draft a demand letter if the home refuses to release funds. |
How Long Does the Process Take?
Although the home cannot legally charge the estate for this period, clearing the physical room is typically expected within 2 to 3 days. However, generating the final statement and issuing the refund cheque from a corporate head office typically takes the facility 30 to 60 days. If there are delays, executors should follow up directly with the home’s Director of Care or financial administrator.
Frequently Asked Questions (FAQ)
Can the nursing home charge for the rest of the month?
No. Under Subsection 158(9) of Ontario Regulation 246/22, a licensee must discharge a resident on the day they die, and the resident is deemed discharged on the date of death. It is illegal for the home to charge any daily co-payment or accommodation fees for any days after the resident’s death, even if the family has not yet cleared the room of their belongings. The rest of the month’s pre-paid fees must be refunded.
What happens if the home refuses to refund the deposit?
If a facility wrongfully withholds estate funds, you can file a formal complaint with the Ontario Ministry of Long-Term Care via their Family Support and Action Line. You may also have a local lawyer send a formal legal demand letter.
Who receives the refund if there is no Will?
If the resident died intestate (without a Will), the nursing home cannot release the funds to just any family member. They must hold the funds until someone is officially appointed as the Estate Trustee Without a Will by the Superior Court of Justice.
Do retirement homes follow the same rules?
Not necessarily. Private retirement homes in Ontario are governed by the Retirement Homes Act and the specific lease agreement signed by the resident. Their contracts often require 30 days’ notice, even in the event of death, meaning refunds operate very differently than in government-subsidized long-term care.
Can the facility use the deposit to pay for damages?
Generally, long-term care homes expect normal wear and tear. However, if the resident caused significant intentional or negligent damage to the property, the facility may try to offset these repair costs against the comfort fund. An estate lawyer should review any such claims.
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