Hogsett v. Parkwood Nursing & Rehabilitation Center, Inc., 2014 U.S. Dist. LEXIS 19436

Patricia Joyner, a 63‑year‑old with a recent leg amputation, was admitted to Parkwood Nursing & Rehabilitation on March 11, 2010; her daughter Shervon Hogsett signed admission paperwork and an arbitration agreement on Joyner’s behalf, but Joyner did not sign.
The arbitration form listed the “Resident” (Joyner) and contained separate signature lines for the resident, a legal representative/caretaker (signed by Hogsett), and a facility representative; the resident signature line was blank.
Hogsett had no power of attorney or guardianship for Joyner and declares she did not discuss signing the documents with her mother; Parkwood did not document any incapacity or delegation in its records.
Joyner suffered a wound complication allegedly untreated for days at Parkwood and died on March 26, 2010; plaintiffs (Hogsett and her brother Gary) sued for wrongful death and related claims.
Defendants moved to compel arbitration based on the agreement Hogsett signed; plaintiffs contend Hogsett lacked authority to bind Joyner and that Hogsett did not sign the agreement in her individual capacity, so plaintiffs’ individual wrongful‑death claims (and any estate claims) are not arbitrable.
Court denied defendants’ motion to compel arbitration and ruled the arbitration agreement is not binding on Joyner, her estate, or on plaintiffs’ individual claims (including Gary’s); Covenant Dove Holding Co.’s motion to dismiss for lack of personal jurisdiction was granted as unopposed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hogsett’s signature bound Joyner to arbitration	Hogsett lacked authority (no POA/guardianship; Joyner never signed or authorized)	Hogsett had implied/apparent authority; Joyner’s silence and admission imply consent	Hogsett did not have implied/apparent authority; arbitration not binding on Joyner or estate
Whether individual wrongful‑death claims (Hogsett and Gary) are subject to arbitration	Individual plaintiffs did not consent; Hogsett signed only as representative, not personally	At least Hogsett’s individual claims should be arbitrable because she signed the agreement	Court: Hogsett did not sign in individual capacity so her individual claims not subject to arbitration; Gary’s claims likewise not bound
Whether estoppel or ratification binds Hogsett personally	Estoppel/ratification not applicable because no good‑faith documentation and estate claims dismissed	Defendants argue equitable doctrines or act of signing ratified agreement	Court rejects estoppel and ratification; no basis to bind Hogsett individually
Whether further discovery is warranted on agency/authority	Plaintiffs oppose; facts are clear and defendants failed to show basis for discovery	Defendants sought discovery to prove authority	Court denies additional discovery as defendants failed to show likely sources or contrary evidence

Marmet Health Care Ctr., Inc. v. Brown, 132 S. Ct. 1201 (2012) (FAA enforces arbitration agreements in nursing‑home contexts despite some state policies)
Ashburn Health Care Ctr., Inc. v. Poole, 286 Ga. App. 24 (Ga. Ct. App. 2007) (arbitration agreement unenforceable where family member lacked authority to bind resident)
Life Care Ctrs. of Am. v. Smith, 298 Ga. App. 739 (Ga. Ct. App. 2009) (daughter with only health‑care POA could not bind resident to arbitration)
Hinely v. Barrow, 169 Ga. App. 529 (Ga. Ct. App. 1984) (implied agency requires principal’s statements or conduct causing reasonable belief of authority)
Barrs v. Acree, 302 Ga. App. 521 (Ga. Ct. App. 2010) (mere assumption of agency insufficient to establish implied authority)
Turner v. Walker County, 200 Ga. App. 565 (Ga. Ct. App. 1991) (wrongful‑death defenses available to decedent also apply to survivors)
Sikes v. Heritage Oaks W. Ret. Vill., 238 S.W.3d 807 (Tex. Ct. App.) (arbitration unenforceable against non‑signing family member where no evidence of individual assent)