Q: Is it ever possible to get out of an arbitration agreement that a nursing home resident signed after they've passed away
and you want to file a negligence claim against the home?
A: I am not sure I understand the question. Of course, a dead person cannot sign a document, and any suggestion by a nursing home that someone has signed a document after dying raises issues, such as the potential of fraud. More generally, the enforceability of arbitration clauses is determined based upon many factors, and indeed, within the last several months, there has been a important appellate decision that provides guidance on this issue.
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