Legal Question in Elder Law in California

Re: neutral arbitration

Probably not.

Re: neutral arbitration

This is a complicated matter. Here are a few recent decisions addressing the fairness in arbitration / nursing home contracts.

Call or e-mail me to see if I can be of assistance.

Thanks.

Jim Swiderski, Esq.

Sister of Nursing Home Patient Did Not Bind Patient to Nursing Home Agreement

Mariner Health Care, Inc. v. Ferguson, No. 4:04CV245-D-B, 2006 WL 1851250 (N.D. Miss. June 30, 2006)

View Nursing Home Patient Not Bound By Arbitration Agreement Signed By Family Member Who Lacked Authority

Mariner Healthcare, Inc. v. King, No. 4:04CV263, 2006 WL 1716863 (N.D. Miss. June 19, 2006)

View Signatory�s Capacity to Consent to Arbitration in Nursing Home Dispute to be Decided by Court Prior to Compelling Arbitration

Washburn v. Beverly Enterprises-Georgia, Inc., No. CV 106-51, 2006 WL 2728627 (S.D. Ga. Aug 03, 2006)

View An Arbitration Clause in a Nursing Home Agreement Is Invalid Unless the Signatory Has Actual or Apparent Authority to Sign on the Resident's Behalf

Buie v. Mariner Health Care, Inc., No. 3:06cv499-WHB-JCS, 2006 WL 3858330 (S.D. Miss. Dec. 29, 2006)

View Court Rejects Unconscionability Challenge to Nursing Home Arbitration

Manley v. Personacare, No. 2005-L-174, 2007 WL 210583 (Ohio App. Jan. 26, 2007)

View Mississippi Law Authorizes Health Care Surrogates to Agree to Arbitration on Patient's Behalf

Covenant Health Rehab of Picayune, L.P. v. Brown, 949 So.2d 732 (Miss. 2007)

View Health Care Power of Attorney Authorizes Attorney-in-Fact to Agree to Arbitration on Patient's Behalf

Hogan v. Country Villa Health Services, 55 Cal. Rptr. 3d 450 (Cal. Ct. App. 2007)

View California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf

Flores v. Evergreen at San Diego, LLC, No. D048002, 2007 WL 738964 (Cal. Ct. App. Mar. 13, 2007)

View Texas Court Finds That Medical Power of Attorney Did Not Include Authority to Enter Arbitration Agreement

View Nursing Home Resident's Husband Did Not Have Authority to Enter Arbitration Agreement on Her Behalf

Ashburn Health Care Center, Inc v. Poole, No. A07A0572, 2007 WL 1764217 (Ga. Ct. App. June 20, 2007)

Re: neutral arbitration

If you are asking if a business can demand patients sign an arbitration clause waiving right to court and trial before accepting them as patients, the answer is yes. Can a family member do so for the patient? Probably not without Conservatorship or Power of Attorney over the patient; unless the patient is incompetent and the relative is in charge of the patient's care. Every case will depend upon the facts. It will only come up if the patient later claims to have a lawsuit and the business claims the arbitration clause is binding. With all that said, if you think the patient or other family members needs legal counsel, feel free to contact me.