Consumer Arbitration Agreements: 5.6.4.2 Family Member’s Signature Not Necessarily Binding on Patient
Many courts have held that a family member’s signature on a nursing facility admission agreement is not binding on the patient under agency principles unless the family member was acting under a formal, durable power of attorney or other delegation of authority, consistent with state law.479 And even when there is a power of attorney, it is not a given that it will give the attorney-in-fact the authority to bind a resident to an arbitration agreement.480