A Northern California nursing home must litigate a former resident’s negligence suit because an arbitration agreement, while signed on her behalf, wasn’t signed by the person with her health-care decision authority, a state appeals court said Tuesday.
June Davies was admitted to the memory care unit of Fountaingrove Lodge in Sonoma County. At that time, Jolynn Lima, who held Davies’ financial power of attorney, signed a residence agreement on her behalf. The agreement included a dispute resolution clause requiring the parties to attempt to resolve disputes informally before submitting to formal mediation.
Davies sued Fountaingrove through her guardian, Cynthia Kennedy, ...
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