Wife Of Patient Did Not Have Authority To Act As Health Care Surrogate

(September 18, 2017, 10:47 AM EDT) -- JACKSON, Miss. — A nursing home patient’s wife did not have the authority to act as her husband’s health care surrogate and is therefore not bound by an arbitration clause in the nursing home admission agreement because there is no evidence that the patient’s primary physician determined that the patient lacked capacity as defined under Mississippi law, the majority of the Mississippi Court of Appeals said Sept. 12 in reversing and remanding a trial court’s ruling (The Estate of Jack Howard Bankston et al., v. CLC of Biloxi, LLC, d/b/a Biloxi Community Living Center, No. 2016-CA-01190-COA, Miss. App., 2017 Miss. App. LEXIS 537)....

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