A woman cannot be compelled to arbitrate her survival action against a nursing home because she did not have power of attorney when she signed an alternative dispute resolution agreement upon her husband’s admission, the state Superior Court has ruled.
In an Aug. 7 opinion, a three-judge panel of the court held that although Donald Washburn had dementia and was incapacitated when he was admitted to Tremont Health & Rehabilitation, his wife lacked the authority to sign for him, invalidating the agreement. The ruling affirmed a decision of the Schuylkill County Court of Common Pleas.
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