Oklahoma City, OK asked in Elder Law for Oklahoma

Q: If my grandma signed a nursing home arbitration agreement two days before she was diagnosed with Alzheimer's, is it

possible to get it invalidated?

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1 Lawyer Answer
Reece B. Morrel Jr
Reece B. Morrel Jr
  • Elder Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: You probably should consult with an attorney on this one. Your specific case will be very "fact-intensive."

In order to sign a contract, you must have "legal capacity." If your grandmother did not have legal capacity (due to Alzheimer's), the next question to ask is whether or not the nursing home knew or should have known that she did not have legal capacity.

By the way, on it's face, there is nothing wrong about having an arbitration clause - they are very common and are encouraged/enforced by the Oklahoma courts.

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