No forced Arbitration with a Health Care Proxy Signature
See the below case Moen v. Bradenton Council On Aging — This case found that a Health Care Proxy cannot waive a jury trial and subject the patient’s claims to Arbitration — further weakening the ability of facilities to make families arbitrate medical or nursing home neglect claims and/or other damage cases. Would have been a different issue if the patient, who had since deceased, had prepared a Durable Power of Attorney prior to incapacity.
Please get your Advanced Directives done in a timely, correct fashion.
Click this link to read the court opinion: