EX-5 3 l30475aexv5.htm EX-5 EX-5
 

Exhibit 5

         
(SHUMAKER LOGO)
  1000 Jackson Street
Toledo, Ohio 43604-5573
  419.241.9000
419.241.6894 fax
 
     
   
  www.slk-law.com
March 5, 2008
George L. Chapman
Chairman of the Board and
Chief Executive Officer
Health Care REIT, Inc.
One SeaGate, Suite 1500
Toledo, OH 43604
         
 
    Re:   HEALTH CARE REIT, INC.
 
      3,450,000 Shares of Common Stock
Dear Mr. Chapman:
          We have acted as counsel to Health Care REIT, Inc. (the “Company”) in connection with the offering of up to 3,450,000 shares of its common stock, par value $1.00 per share (the “Shares”), pursuant to a prospectus supplement dated March 5, 2008 (the “Prospectus Supplement”) to the prospectus dated May 12, 2006 (the “Prospectus”), included in the Company’s registration statement on Form S-3 (File No. 333-134082), filed with the Securities and Exchange Commission under the Securities Act of 1933, as amended.
          In connection with the following opinion, we have examined and have relied upon such documents, records, certificates, statements, and instruments as we have deemed necessary and appropriate to render the opinion herein set forth.
          Based upon the foregoing, it is our opinion that the Shares will be, when issued and sold in the manner set forth in the Prospectus Supplement and the accompanying Prospectus, legally and validly issued and fully paid and nonassessable.
          The undersigned hereby consents to the filing of this opinion as Exhibit 5 to the Company’s Form 8-K to be filed with the Securities and Exchange Commission on March 5, 2008.
Very truly yours,
/s/ Shumaker, Loop & Kendrick, LLP
SHUMAKER, LOOP & KENDRICK, LLP
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