State Supreme Court Reverses Trial Court’s Order Granting Nursing Facility’s Motion to Compel Arbitration

Rhonda Stephan, as the personal representative of the estate of Bobby Gene Hicks, appealed an order by the trial court granting a motion to compel arbitration that was filed by Millennium Nursing and Rehab Center Inc. Stephan contended that Bobby Hicks, her father, died in 2015 while he was a resident at Millennium Nursing and Rehab Center, which is a skilled-nursing facility owned and operated by Millennium. While Hicks was hospitalized at Crestwood Medical Center, Stephan signed all of the paperwork arranging for her father to be discharged from the hospital and then transferred to the rehab center at Millennium Nursing. However, she did not hold a power of attorney for healthcare or any other actual legal authority to act on behalf of her dad or to enter into a contract in his name. Hicks did not sign any of the paperwork. However, he is named as a party to the contracts included within that paperwork. On Oct. 26, 2015, Hicks was transferred from Crestwood Medical Center to…

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