Forsyth v. NHC Place/Anniston LLC Inc

On October 10, 2018, James Forsyth, a resident at NHC Place/Anniston in Alabama, suffered a fall that caused injuries leading to his death. Jo Ann Forsyth, as administratrix of his estate, sued the facility for negligence, wantonness, and wrongful death. NHC moved to compel arbitration based on an agreement Jo Ann signed at admission. The trial court denied the motion. The Alabama Supreme Court affirmed, holding the arbitration agreement unenforceable because Jo Ann lacked legal authority to bind her husband, having no power of attorney at the time. The case was remanded for trial.

The Alabama Supreme Court affirmed the trial court's denial of the motion to compel arbitration, ruling the arbitration agreement unenforceable. The wrongful death litigation was permitted to proceed in court.

Whether an arbitration agreement signed by a resident's spouse upon admission to a nursing home is enforceable against the resident's estate when the spouse did not hold power of attorney.

The ruling strengthened protections for elderly nursing home residents by clarifying that family signatures on arbitration agreements are not binding without valid legal authority. It set an Alabama precedent limiting mandatory arbitration clauses in long-term care admission contracts and ensured residents' estates retain the right to a jury trial.