Can a nursing home open patient mail and take checks?

Agree with both posters.    It's illegal to open someone else's mail.   And I'm sure it's illegal to cash a check made out to someone else unless the account is held jointly or a POA or DPOA is in place authorizing that entity to cash checks.   

I'm really find this to be quite an arrogant act.

I hope you get some satisfactory answers, Paula.

Let's say, just for illustrative purposes, that something like this happened:

The mail arrived at the NH.
Your cousin's letters were duly delivered to her in her room.
She gave the repayment letter and check to a worker, saying she wasn't sure if this was the letter she was expecting or how how to deal with it.
The worker didn't know either, and toddled off with it to the office, and handed it to an administrator.
The administrator, later that morning, popped to your cousin's room and asked her to endorse the check - just handing her the check, reversed, and a pen, and saying "sign here please." Your cousin obligingly did so and asked no questions.
The check was paid in.
Your cousin did not connect any of the above with the letter she was expecting.
Everybody over the next three weeks was referring to this letter and understanding the words 'unclaimed property check' in different ways.

So, let's suppose it's something as innocent as the above, nobody actually being a weasel. It's STILL not okay. Because ANY such interactions or transactions should have been documented in detail in your cousin's notes. They can use this as an opportunity for teaching and learning.

I would say that according to federal law, opening someone else’s mail is a felony offense and punishable by jail time. I don’t think it matters who opens it or whose mail it is. And, taking a check and signing it is fraud, also illegal. I can’t imagine anyone, even a POA giving permission to do either of these. Handling financial affairs is the POA’s responsibility.

I have some familiarity with federal laws regarding long-term care facilities. Here is an excerpt from a chapter about elder law published by a legal publisher in my state: "A resident has the right to have private, unrestricted communications with his or her family, physician, advanced practice nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident’s physician or advanced practice nurse prescriber in the resident’s medical records, except that communications with public officials or the resident’s attorney cannot be restricted under any circumstances. This right includes, but is not limited to, the right to receive, send, and mail sealed, unopened correspondence;..."

UPDATE We confirmed today that the resident, my cousin, did NOT sign anything granting the facility permission to open her mail. The check was put against her private pay bill and we have not argued with that. We believe the woman in charge of money (billing and the residents' in house bank) plucked the check from the mail before it could be delivered to my cousin. I have not confirmed it was her with Administration because voicemails and emails are unreturned. The 3rd party billing office said she is one who processes money. The same woman told my cousin, "the check is not in the building" more than a week after she had taken it. The administrator told me, "no one has seen the check" and that i should contact the state and check the address. We hope the State will be able to provide a copy of the back of the check to see how it was endorsed.
We will follow up to confirm how/who/what happened and politely but firmly stress this should not happen. No other government checks like this will be forthcoming. And i will stress to her friends to be cautious when mailing her anything. Thanks everyone for your input, especially AlvaDeer, you are a love.

I agree this sounds wrong - demand to see the endorsement. Seems facility is interfering with the US Mail if they are opening residents' mail without their authorization.

I would look at the facility's regulations for dealing with mail. Only the person with financial power of attorney can legally endorse checks or deal with financial matters. It might be better to have her mail sent to person who has power of attorney for finances. This person can take care of financials and "send" the other mail to your loved one.

When my Mom entered her LTC I was asked to sign something saying it was OK for the office to receive her mail. I agreed because it could be Medicaid and they needed that info. I had all her other mail, even cards, directed to my house. I was close enough to take the cards to her. Then all the home received was Medicaid info addressed to Mom at the home.

Saying that, I would like to know how the NH was able to cash her check without Moms signature. I would ask the state if it was possible to get the back and front of the check. That you as POA did not endorse the check and Mom didn't either as far as she remembers. If found that the signature is fraudulent, then I would take it to the Administrator.

If you signed nothing saying the NH is allowed to open mail, then they were wrong in doing so unless a written policy. Your Mom is a resident not a prisoner. When you get all the info together, take it to the Post Master at the PO that deliveries that facilities mail.

Come back and tell us what happens.

From what I learned from experience in a certain situation some time ago where the mail, addressed to me personally, was not given to me because it contained medication - they wanted the nurses to open the package - I went to the postmaster. I found out it is a FEDERAL VIOLATION to withhold and open someone else's name. I threatened to go ahead and file the complaint and the person who would not release the mail to ME and the facility would be heavily fined. I never had a problem after that. If this woman is getting mail, the caretaker or family must IMMEIATELY PUT A STOP TO THE WOMAN. The facility can receive a horrible punishment if they continue to open and steal her mail. Get this stopped and corrected at once.

Paula039, just read that check was addressed to your cousin! Call Federal Prosecutor and US Postal Fraud Division and file a criminal complaint. Have the information/ evidence you have gathered. Approximate time and dates of phone calls ( use phone log on phone).

They will be eager to settle out of court with your cousin, but there will still be a paper trail if they try this with anyone else.