Category Archives: Long Term Care Facilities
Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits
On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind an estate to an arbitration agreement. The facts of the case were simple. Beverly and Janis, family members of Joe and Olive respectively, each held their family member’s respective power of attorney. Joe and Olive moved into a nursing home operated by Kindred Nursing Centers, L.P. (“Kindred”). Beverly and Janis used their family members’ powers of attorney to sign an …
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Guardianship Petitions by Long Term Care Facilities
This blog post explains how long term care facilities (LTCFs) can consider utilizing guardianship and conservatorship petitions for problematic situations where a resident has named an agent under a power of attorney (POA), and the agent fails to pay the resident’s bills, thus jeopardizing the resident’s wellbeing. Independent living facilities, assisted living facilities, and nursing homes traditionally take steps to ensure that residents have enacted financial POAs, as well as healthcare POAs, upon admittance. What happens when an agent named under a POA fails to make payments for the resident’s stay at the LTCF? The LTCF can sue the resident, …
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