In June of last year, the Supreme Court of Arkansas issued a written opinion in a wrongful death case brought by the estate of a woman who died while in the care of the defendant nursing home. In the case, Courtyard Gardens Health and Rehabilitation v. Sheffield, the court was tasked with determining if an arbitration clause contained in a nursing home admission contract was valid when it was signed by an emergency temporary custodian with Adult Protective Services (APS). The court determined that the custodian lacked the authority to consent to arbitration on behalf of the nursing home resident.
The plaintiff in the case, Sheffield, is the administrator of the estate of an elderly woman, Holliman, who died while in the care of the defendant nursing home. Prior to her death, Holliman lived by herself. One day, APS received a complaint about the conditions that Holliman was living in, and an APS worker was sent out to Holliman’s home to check on her well-being.
The APS worker noticed several deficiencies in Holliman’s living situation and petitioned the court to take temporary custody of Holliman in order to find her a better living situation. The petition was granted, and the APS worker was named as Holliman’s custodian. He eventually placed Holliman in the defendant nursing home after signing an admission contract containing an arbitration clause.