Abstract: This article details a highly disturbing trend in nursing homes. Recently, nursing homes have begun filing guardianship petitions in order to receive compensation for the outstanding bills of residents. This new tactic allows nursing homes to seize control of an individual’s assets and do with them what they please. The prevalence of this course of action is still being researched, however a recent study from Hunter College reveals that more than 12 percent of 700 guardianship cases in Manhattan were filed by nursing homes. The legislature that allows such petitioning was enacted in 1993 and was meant to serve the purpose of resolving family disputes or cases where embezzlement was suspected, not to intimidate people. Despite the fact that what the nursing homes are doing has been declared as “an abuse of the law” by at least one judge, many elderly people are powerless to fighting back because of the costs associated with taking legal action. With the proper planning in place families can protect themselves from nursing homes attempting to seize guardianship.