A nursing home case in one state will move forward with the option of a jury trial. Despite a signed arbitration agreement, the court against enforcing arbitration. The patient had dementia at the time and a family member signed for him. However, the family member did not have a power of attorney.
The patient could not have given the family member the right to sign, lacking capacity to understand the impact of the signature authorizing the right to arbitrate. The wrongful death case will move forward and likely not be challenged since the state has held to many other arbitration agreements. For more, read the story.
