McKean v. GGNSC Atlanta LLC

The wrongful death plaintiff was not authorized to bind his mother and her estate's successors to an arbitration agreement he signed ostensibly on his mother's behalf when she was admitted to a nursing home where she later died.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Acting individually and as executor of his mother Patricia’s estate, Dwayne McKean filed suit for wrongful death in the State Court of Fulton County alleging that the defendants’ negligence in providing nursing home care to his mother caused her pain and suffering and death. The defendants moved to dismiss, to compel arbitration, and to stay discovery based on an arbitration agreement that McKean signed ostensibly on his mother’s behalf when she was admitted to the nursing home. McKean argued that he did not have authority to sign for his mother at the time, but the trial court found that McKean was authorized to bind his mother and her estate’s successors and assigns to the arbitration agreement. McKean appeals that decision. For the reasons that follow, we reverse.

The record contains the few relevant facts. Patricia was admitted to the Golden Living Center nursing home on March 9, 2012; she was suffering from the recent onset of paraplegia1 due to a subarachnoid hemorrhage.2 At the time, Patricia had not executed any form of power of attorney appointing McKean or anyone else as her attorney-in-fact. On the day of his mother’s admission, McKean signed a nursing home admission agreement, which is not in the record, and a separate “Alternative Dispute Resolution Agreement” the “ADR agreement”. The ADR agreement provides that any dispute between the parties to the agreement “shall be resolved exclusively by an ADR process.” The agreement provides that it is not a condition of admission to the facility, but that upon execution by the resident, it becomes a part of the admission agreement. Finally, the ADR agreement provides that the resident has an option to revoke the agreement “within thirty 30 days of signing it.”

McKean v. GGNSC Atlanta LLC

The wrongful death plaintiff was not authorized to bind his mother and her estate's successors to an arbitration agreement he signed ostensibly on his mother's behalf when she was admitted to a nursing home where she later died.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report