Arbitration And Powers Of Attorneys
We hope you find this Nursing Home Neglect Blog Article both Helpful and Informative.
Today, we’re discussing the intriguing case of “C.R. of Thomasville, LLC v. Hannaford.” This case highlights the complexities of nursing home neglect and the critical role of a Georgia nursing home neglect attorney or an Atlanta nursing home neglect attorney.
In 1996, Judy Hannaford executed a POA, authorizing her husband, Leo Hannaford, as her attorney-in-fact, with the authority to sign her in or out of any hospital or nursing home. In March of 2017, Judy’s husband admitted her to a skilled nursing facility where he signed the paperwork as her power of attorney.
Judy passed away in 2019. In 2020, Leo, as Judy’s surviving spouse and executor of her estate, sued the defendants for damages related to injuries Judy sustained while at the nursing facility and for her subsequent death. The suit included injuries, her death, violations of Georgia’s Bill of Rights for Residents of Long-term Care Facilities, and loss of consortium — for those that are not familiar with this term, loss of consortium refers to loss of benefits of another person in a relationship due to wrongful death. This means loss of companionship, moral support, etc.
However, when Leo signed Judy into the skilled nursing facility, he signed paperwork that included a clause stating that any issues Leo encountered with the facility would be resolved through arbitration. Essentially, this clause meant that Leo could not take the case to court but had to use a neutral third party through arbitration.
Because of this paperwork, the defendants sought to dismiss the complaint or stay the proceedings and compel arbitration, arguing that an arbitration agreement was enforceable. The trial court denied this motion for a few reasons:
- Leo signed that paperwork as Judy’s spouse but not according to her POA.
- The defendants failed to make sure Judy understood this clause existed, and furthermore, they failed to ensure that she authorized Leo to agree to that clause.
- The clause does not appeal to medical malpractice, which is what Leo alleged occurred at the facility.
This then led to an appeal. However, it was found that the responsibility stayed with the defendant on ensuring that their agreement was valid and acknowledged by all parties involved.
The court affirmed the trial court’s decision, ruling that the mere existence of a POA is insufficient to bind the principal under these circumstances. It emphasized that Leo’s signature as a “Spouse” did not indicate he was acting under the POA. Other past cases were reviewed in which similar defendants were held liable, and in those cases the wording of the POA established a difference between a fiduciary party while Leo signed the agreement for Judy as her spouse. Additionally, there was no evidence at the time of signing that Judy was incapacitated.
The case of “C.R. of Thomasville, LLC v. Hannaford” underscores the complexities surrounding POAs and arbitration agreements in nursing home cases. For those facing similar legal challenges in Atlanta or Georgia, it’s crucial to seek guidance from a qualified nursing home neglect or abuse attorney. Contact The Turnbull Firm for expert legal assistance. They have won settlements as large as $2 million for general nursing home neglect.
