Son Lacked Authority to Enter into Arbitration Agreement on Mother’s Behalf, Colorado Court Rules

March 31, 2023 | Aging Services Risk Management


​An individual may not have authority to enter into an arbitration agreement on behalf of a patient even if they have other agency on behalf of that patient, according to a ruling by a Colorado appellate court.

The suit arose after a woman died at the defendant skilled nursing facility. When the woman was admitted to the facility, her son asserted that he had power of attorney on behalf of his mother. A referral packet from the woman's primary care physician referred to an “attorney" seeking nursing home placement but did not explicitly refer to the son...

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