Tag Archives: Competency

Arbitration Agreement Blocks Suit Against Nursing Home

Alabama Supreme Court rules that arbitration agreement signed by man who suffered from chronic dementia is binding because it could not be proved that he was incompetent at the time of signing.  He lost 50 lb.s  due to malnutrition and died a year later while in a nursing home. His estate sued the nursing home for malpractice and negligence. The nursing home moved the court to enforce the arbitration agreement and the Supremes agreed. Moral of story, don’t sign arbitration agreements, and don’t allow your agent under a power of attorney to sign one either. See,   Supreme Court of Alabama, Special Term, 2015, 1140090, Troy Health and Rehabilitation Center v. Brenda McFarland, as personal representative of the Estate of Garnell Wilcoxon, Appeal from Pike Circuit Court (CV-13-900068).