There is nothing more devastating than losing someone you love unexpectedly. If you have lost a loved one due to someone else’s negligence, our highly skilled Massachusetts wrongful death attorneys can help you take legal action. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to helping our clients receive the closure and compensation they deserve in their case.
In GGNSC Chestnut Hill LLC v. Schrader, the First Circuit asked the Massachusetts Supreme Judicial Court (SJC) to determine whether a wrongful lawsuit filed by the decedent’s survivors can be bound by an arbitration agreement signed by the decedent or by a person on the decedent’s behalf.
The facts of the case are as follows. The resident was admitted to a nursing home and upon being admitted, her daughter, acting as her durable power of attorney, signed an arbitration agreement on her behalf. The agreement said that it was not necessary for admission to the nursing home and that it could be revoked within 30 days of signing. Under the agreement, any legal issues had to be addressed through alternative dispute resolution. In addition, the contract said that it was applicable to the resident and any individual whose claim was “derived through or on behalf of the resident, including any next of kin, guardian, executor, administrator, legal representative or heir of the resident” as well as anyone who executed the agreement on behalf of the resident.