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Coleman v. United Health Services Of Georgia, Inc. et al.

Advance Directive For Health Care Did Not Authorize Representative to Sign Nursing Home's Arbitration Agreement

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Andrews, Judge.Marvin Coleman sued numerous defendants for negligence, medical malpractice, fraud, and other claims relating to his care at a nursing home. The defendants subsequently moved to dismiss or stay the proceedings and compel arbitration. The trial court granted the motion, staying the lawsuit pending conclusion of the arbitration. We granted Coleman’s application for interlocutory review, and for reasons that follow, we reverse.   On appeal, we review the record de novo to determine whether the trial court’s order compelling arbitration is correct as a matter of law. See Ashburn Health Care Center v. Poole, 286 Ga. App. 24, 24 (648 SE2d 430) (2007). So viewed, the record shows that Coleman lived with his sister and brother-in-law, Charles Biggerstaff. On September 7, 2009, Coleman signed an Advance Directive for Health Care appointing his sister and Biggerstaff as health care agents authorized “to make health care decisions for [him].” The directive permitted the Biggerstaffs to render any health care decisions that Coleman could make, including:To authorize [Coleman's] admission to or discharge (including transfers) from any hospital, skilled nursing facility, hospice, or other health care facility or service;

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