neutral arbitration
if a family relative (brother) signs a nursing homes release for the patient to give up his court or jury trial is it valid. this was done 1 week prior to the patients admission into said nursing home. there was NEVER any written or implied or verbal authorization whatsoever. thank you
Re: neutral arbitration
If you are asking if a business can demand patients sign an arbitration clause waiving right to court and trial before accepting them as patients, the answer is yes. Can a family member do so for the patient? Probably not without Conservatorship or Power of Attorney over the patient; unless the patient is incompetent and the relative is in charge of the patient's care. Every case will depend upon the facts. It will only come up if the patient later claims to have a lawsuit and the business claims the arbitration clause is binding. With all that said, if you think the patient or other family members needs legal counsel, feel free to contact me.
Re: neutral arbitration
If you are asking if a business can demand patients sign an arbitration clause waiving right to court and trial before accepting them as patients, the answer is yes. Can a family member do so for the patient? Probably not without Conservatorship or Power of Attorney over the patient; unless the patient is incompetent and the relative is in charge of the patient's care. Every case will depend upon the facts. It will only come up if the patient later claims to have a lawsuit and the business claims the arbitration clause is binding. With all that said, if you think the patient or other family members needs legal counsel, feel free to contact me.
Re: neutral arbitration
If you are asking if a business can demand patients sign an arbitration clause waiving right to court and trial before accepting them as patients, the answer is yes. Can a family member do so for the patient? Probably not without Conservatorship or Power of Attorney over the patient; unless the patient is incompetent and the relative is in charge of the patient's care. Every case will depend upon the facts. It will only come up if the patient later claims to have a lawsuit and the business claims the arbitration clause is binding. With all that said, if you think the patient or other family members needs legal counsel, feel free to contact me.
