In the Courts: Resident's Oral Assent to Have Daughter Sign Papers Encompassed Ability to Agree to Arbitration, Court Finds

September 21, 2018 | Aging Services Risk, Quality, & Safety Guidance

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In a case alleging neglect against a nursing home and related entities, the U.S. District Court for the Northern District of Mississippi has found that a resident's oral authorization of her daughter to sign documents on her behalf extended to the ability to sign an arbitration agreement. In so ruling, the appellate court granted the defendants' motion to compel arbitration.

The resident was twice admitted to the nursing home. On both occasions, her daughter signed her admissions paperwork, including an arbitration agreement. The daughter later sued the defendants in...

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