EXHIBIT 5 [SHUMAKER, LOOP & KENDRICK, LLP LETTERHEAD] September 13, 2004 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. 6.0% Notes due November 15, 2013 Dear Mr. Chapman: We have acted as counsel to Health Care REIT, Inc. (the "Company") in connection with the issuance and sale of the $50,000,000 6.0% Notes due November 15, 2013 (the "Notes"), pursuant to a prospectus supplement dated September 9, 2004 (the "Prospectus Supplement") to the prospectus dated August 4, 2003, as amended (the "Prospectus"), included in the Company's registration statement on Form S-3, as amended (File No. 333-107280), 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 an opinion herein set forth. Based upon the foregoing, it is our opinion that the Notes 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 filed with the Securities and Exchange Commission on September 13, 2004. Very truly yours, SHUMAKER, LOOP & KENDRICK, LLP By: /s/ Shumaker, Loop & Kendrick, LLP