Dorothy drury suffered from dementia and chronic confusion. when she became unable to manage her own affairs, including decisions about medical and financial matters, her son eddie arranged for her to move to an assisted-living facility. during admission, she signed a residency agreement, which included an arbitration clause. after she sustained injuries in a fall at the facility, a suit was filed to recover damages. the facility asked the court to compel arbitration. was dorothy bound to the residency agreement?

Question

Moriah Whitney

Business

26 November, 01:59

Dorothy drury suffered from dementia and chronic confusion. when she became unable to manage her own affairs, including decisions about medical and financial matters, her son eddie arranged for her to move to an assisted-living facility. during admission, she signed a residency agreement, which included an arbitration clause. after she sustained injuries in a fall at the facility, a suit was filed to recover damages. the facility asked the court to compel arbitration. was dorothy bound to the residency agreement?

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Dakota Wu · Answer 1

In so far as Dorothy had a residency agreement with the home, I think she would have to abide by the terms of the arbitration as presumably that agreement would have been signed by her. The only thing is with her dementia she may not have been fully conscious of what she was signing so that could be an extenuating circumstance.