Earlier this month, an appellate court in Florida issued a written opinion in a nursing home negligence case brought by the estate of a woman who died while in the care of the defendant nursing home. The main issue presented for the court was whether the arbitration agreement signed by the resident’s daughter could bind the resident’s estate to arbitrate any claims it had against the nursing home. Ultimately, the court determined that the arbitration agreement was not binding against the estate, and it allowed the case to proceed through the court system.
The plaintiff in the case was the executor of the estate of a woman who had died while in the care of the defendant nursing home. When the resident was admitted to the facility, she was not competent to make her own medical decisions, so her daughter was there to assist her. Once the daughter identified the nursing home facility that she thought would be best for her mother, she signed a “Voluntary Arbitration Agreement and Acknowledgement,” stating that any claims that arose from the facility’s care of the resident would be settled through arbitration rather than through the court system.
At the time the daughter signed the form, the daughter did not have power of attorney for her mother. In fact, it was undisputed that she was merely acting as a health care proxy for her mother. However, the daughter signed the agreement, indicating she was her mother’s legal representative, but she listed her relationship as “proxy” later in the form.