According to her own testimony, Mayne believed that Nelson was in sufficiently good health at the time of the transfer to give rise to the inference that she knew he would probably outlive his assets of $0 if he had a single non-medical personal expense at any time during the remainder of his life after he were left alone without funds in Cleveland. See St. Clair Center, Inc. v. Mueller(1986), 34 Ohio App.3d 69, 71. Even if Nelson had been able to obtain reimbursement from the VA, Medicaid, Medicare, or some other form of public assistance for his long-term nursing care charges as Mayne argued, there is absolutely no evidence that any of these programs would have covered his non-medical personal expenses for items such as haircuts and underwear in the case at bar.
Plaintiff will not be permitted to seek the benefits of that relationship without making compensation when he knew that the services were performed with the expectation that they would be paid for. St. Clare Ctr., Inc. v. Mueller (1986), 34 Ohio App.3d 69, 71, 517 N.E.2d 236, 238. Nevertheless, one seeking to recover the reasonable value of his services in quantum meruit cannot rely on the alleged terms of a contract which have not been otherwise proven.
Circumstances creating the expectation of payment sufficient to support liability on an implied contract theory were discussed in Northern ColumbianaCty. Community Hosp. Assn. v. Ohio Dept. of Youth Services, supra, and in St. Clare Center, Inc. v. Mueller (1986), 34 Ohio App.3d 69, 517 N.E.2d 236. In Northern Columbiana Cty. Community Hosp. Assn., supra, the Supreme Court determined that the Department of Youth Services was liable for medical services rendered to a youth in its custody on the basis of an implied contract where a foster home administrator from the department authorized that medical care and where the department was statutorily responsible for the medical bills of youths in its custody.
It is the court's view that plaintiff has also established a claim for implied contract against the other two siblings. In St. Clare Center, Inc. v. Mueller (1986), 34 Ohio App.3d 69, 517 N.E.2d 236, the court was confronted with a very analogous set of facts. The application for a rest home was signed by one sibling in the presence of the other.