Enforcement requires that the signer had legal authority, through a power of attorney, guardianship, or health care surrogate designation with sufficient scope. Family relationship alone generally does not confer authority.
Health care decision-making authority may not extend to waiving jury trial rights.
Alternative Names:
Signing Authority, Arbitration Signing Capacity
Why it Matters?
This is the issue that decides most nursing home arbitration disputes, because admission paperwork is routinely signed by an adult child during a hospital transfer without any documented authority. Courts have frequently held that a health care surrogate's authority to make medical decisions does not extend to waiving the right to a jury trial, which is a legal rather than medical decision. Facilities that cannot produce the power of attorney lose the clause.
Frequently Confused with
Related terms
Frequently asked questions
Does family relationship confer signing authority?
Does health care authority cover arbitration?
