Please see the below set of cases invalidating arbitration
agreements not signed by a patient or someone with authority to sign on behalf
of the patient.  Familial relationship does not confer this authority.

Patient of skilled nursing facility was not bound by wife’s
signature on agreement to arbitrate, where wife purported to sign on his behalf
due to "Stroke," but facility operator failed to establish that he
had been so diagnosed, or had authorized wife to sign on his behalf, or was
incapable of making his own decision. Wife’s purported signature on her
husband’s behalf did not bind her to arbitrate her individual claims against
facility operator. The "strong public policy" favoring arbitration
does not relieve the party seeking to compel arbitration of the burden of
proving that the other party consented.
     Goldman v. Sunbridge Healthcare, LLC
filed September 27, 2013, publication ordered October 28, 2013, Third District
     Cite as 2013 S.O.S. C069970
     Full text
http://www.metnews.com/sos.cgi?1013//C069970

 

Daughter of elderly patient had no authority to bind her mother to arbitrate
claims against skilled nursing facility where there was no showing that
mother’s physician had determined her to be unable to make her own health care
decisions, and patient–in executing a form "power of attorney for health
care" elected not to check the box allowing her "agent" to make
health care decisions for her without a prior determination of incapacity by
her physician–did not designate her daughter as her "primary health care
agent" and did not authorize her agent to make any decisions other than
"health care decisions" for her.
     Young v. Horizon West, Inc. – filed
October 28, 2013, Sixth District
     Cite as 2013 S.O.S. H038736
     Full text
http://www.metnews.com/sos.cgi?1013//H038736

 

Author: Alex Giovanniello from Giovanniello and Michels LLP
File Attachments:

loggedout