Who Can Bind a Resident to Pre-Dispute Arbitration
An agent operating under a health care power of attorney form can.
- Garrison v. Superior Court (2005) 132 Cal.App.4th 253
Hogan v. Country Villa Health Services (2007) 148 Cal.App.4th 259
- An agent cannot if her authority to act has not been established under the terms or procedures specified in the power of attorney.
- Young v. Horizon West, Inc. (2013) 163 Cal.Rptr.3d 704
Goldman v. Sunbridge Healthcare, LLC (2013)
- A temporary conservator cannot.
- Holley v. Silverado Senior Living (2020) ____ Cal.App.5th____ (4th District)
- A family member, without any other legal authority, cannot.
- Pagarigan v. Libby Care Center, Inc. (2002) 99 Cal.App.4th 298
Goliger v. AMS Properties, Inc. (2004) 123 Cal.App.4th 374
- A spouse, without any other legal authority, cannot.
- Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581
- To What Extent Can Third Parties Be Bound By a Pre-Dispute Arbitration Agreement?
- Residents cannot waive the right of survivors to pursue a wrongful death claim against an assisted living facility.
- Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674
- Residents can waive the right of third parties to pursue their own individual claims against health care providers like nursing homes.
- Bolanos v. Khalatian (1991) 231 Cal.App.3d 1586
Ruiz v. Podolsky (2010) 50 Cal.4th 838
- Agents who sign on behalf of the resident, but not in their individual capacity, are not bound in their individual capacity.
- Avila v. Southern California Specialty Care, Inc. (2018) 20 Cal.App.5th 835
- Pre-Dispute Arbitration Agreements Can Be Unconscionable.
- Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83
Page Last Modified:November 3, 2020