Federal Judge: Decedent’s Wife Had No Authority To Sign Arbitration Agreement

Mealey's (June 7, 2021, 9:24 AM EDT) -- MEMPHIS, Tenn. — A federal judge in Tennessee on June 2 adopted in part and rejected in part a magistrate judge’s report and recommendation on a long-term care facility’s motion to compel arbitration of a negligence action filed by a deceased resident’s son.  The judge agreed that while the decedent had been mentally competent to give his wife authority as his agent, she did not have express actual authority to execute the arbitration agreement....

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