Georgia courts generally uphold arbitration agreements signed by a consenting adult. But what happens when a caregiver or family member signs on behalf of a resident that lacks the mental capacity? This situation is very common.
Where someone signs an arbitration agreement for the resident, the signer must have the appropriate authority to act on behalf of that resident.
Simply being a family member is not enough. In fact, in many cases, having a healthcare power of attorney or an end-of-life directive does not give the signer authority to bind the resident to arbitration.
Often, only a properly executed general power of attorney, or guardianship documentation, will allow a family member or caregiver the ability to sign an arbitration agreement with the nursing home.
There are many reasons why litigation, not arbitration, is a better method for pursuing your claim. Knowing whether the arbitration agreement in your case is void can be extremely important.
There are many facts that might determine whether a nursing home arbitration agreement is enforceable, and each situation is different. It is very important that an attorney evaluate your specific case.
If your loved one has been injured in a nursing home or assisted living facility, and you are being told that you must arbitrate the matter, please feel free to call and speak to one of our experienced injury lawyers today.