Wyoming Supreme Court holds that Agent under Power of Attorney had authority to consent to arbitration in nursing home admission contract
It is not uncommon for nursing home admissions contracts to include provisions requiring the resident to consent to binding arbitration of any dispute. In this recent case in Wyoming, the question was the enforceability of an optional arbitration clause. The nursing home admission contract for Aletha Boyd was signed by her Agent under a General Durable Power of Attorney (DPOA) which...
Federal Law limits involuntary discharge of nursing home residents
The federal Nursing Home Residents’ Rights Act protects residents against arbitrary, involuntary discharge by specifying only 6 grounds for discharge..And above all, even when one of those 6 bases exists, a nursing home also has the duty to make a safe discharge. A nursing home cannot involuntarily transfer a Medicaid resident unless there is another placement available which is...