As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract? The situations typically arise when the admitted person has died and the heirs or estate want to bring a tort action against the nursing home. The nursing home moves to compel arbitration and the heirs or estate wish to avoid arbitration.
There are strong arguments on both sides. On the one hand, the only person who could effectively contract with the nursing home is the person being admitted, and that person should be able to contract with anyone they want to resolve their disputes. On the other hand, the estate and the heirs may have claims against the nursing home that are independent of the claims that the admitted patient may have had.
Courts across the country have not reached consensus on this topic.
