Q: If my grandma signed an arbitration agreement with her nursing home but didn't understand it due to dementia, could that
be nullified so we can sue over nursing home abuse?
A: It depends on the degree of her dementia. In the early stages some people are still capable of understanding a contract. Please discuss this with a nursing home litigator. You might find one by doing an internet search or using the Find a Lawyer function on the website of the National Academy of Elder Lawyers. www.naela.org
A: It depends on the details. If the date of the agreement was on or after 11/28/16 and the nursing home participates in Medicaid then CMS prevents them from using arbitration agreements. If the details don't fit into that window, then it would depend on the facts surrounding execution of the agreement.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
