Where a daughter signed admission paperwork for her mother upon the mother’s admission to a nursing home, but the mother was mentally competent and did not give the daughter authority to sign the paperwork, an arbitration agreement included in the paperwork was unenforceable.
In Manley v. Humboldt Nursing Home, Inc., No. W2019-00131-COA-R3-CV (Tenn. Ct. App. Sept. 18, 2020), plaintiff filed a wrongful death action against defendant nursing home after her mother passed away. Defendant filed a motion to compel arbitration based on an arbitration agreement included in the admission paperwork. It was undisputed that the admission paperwork was signed by the daughter, even though the mother was “competent when she was admitted” and the daughter “did not possess a power of attorney to act on behalf of her mother.”