Spring, TX asked in Elder Law for Texas

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?

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

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

Richard L. Shea
Richard L. Shea
Answered
  • Elder Law Lawyer
  • The Woodlands, TX
  • Licensed in Texas

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.

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