Innisfree Health & Rehab, LLC; Central Arkansas Nursing Centers, Inc.; Nursing Consultants, Inc., D/B/A Professional Nursing and Rehabilitation Services; Innisfree Estate, LLC; And Michael S. Morton v. Kenny Jordan, as Special Administrator of the Estate of Kenneth Harold Jordan, and on Behalf of the Wrongful Death Beneficiaries of Kenneth Harold Jordan, 2020 Ark. App. 518

Kenneth Jordan was admitted to Innisfree Health and Rehab on August 25, 2016; his wife, Reba Jordan, signed admission paperwork that included an arbitration agreement.
The arbitration form identified parties as the facility and the “Resident’s Responsible Party” (filled with Reba’s name and her designation as “Spouse”); it did not identify the resident by name and left the box about a power of attorney or other legal authority blank.
While a resident, Kenneth suffered multiple injuries and later died on August 6, 2017; his estate (Kenny Jordan, special administrator) sued defendants for negligence and wrongful death.
Defendants moved to compel arbitration, arguing Reba bound Kenneth either by signing individually (making him a third‑party beneficiary) or by acting under a power of attorney; plaintiffs contended Reba lacked authority and the agreement was ambiguous/incomplete.
The trial court denied the motion, finding the agreement ambiguous, noting the resident was not identified, the POA box was unchecked, and Reba signed as “spouse” (not as POA) even though she had a POA; court held the arbitration agreement unenforceable.
Defendants appealed; the Court of Appeals reviewed de novo and affirmed the denial, construing ambiguities against the drafter and rejecting both agency/POA and third‑party‑beneficiary theories.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the arbitration agreement binds the decedent/estate	Agreement fails to show Reba had authority; ambiguous drafting; not enforceable	Reba signed the form and bound Kenneth either individually or as his agent/POA	Agreement ambiguous; construed against drafter; Reba did not sign with legal authority to bind Kenneth
Whether third‑party‑beneficiary doctrine binds decedent if Reba signed individually	No — no valid contract exists to confer beneficiary rights	Yes — if Reba signed individually, Kenneth is an intended third‑party beneficiary	Rejected — third‑party doctrine requires a valid contract between the promisor and promisee; none here
Whether agency/POA existed to authorize arbitration	No evidence in the agreement that Reba signed as POA; agency not presumed	Reba held a POA and thus could bind Kenneth	Burden on facility to prove agency; agreement contains no indication of authority; court found no representative signing

Courtyard Gardens Health & Rehab., LLC v. Quarles, 428 S.W.3d 437 (arbitration is contractual; de novo review)
Bigge Crane & Rigging Co. v. Entergy Ark., Inc., 457 S.W.3d 265 (contracts presumptively bind only parties)
Amer. Ins. Co. v. Cazort, 871 S.W.2d 575 (third‑party obligations not presumed)
Elsner v. Farmers Ins. Group, Inc., 220 S.W.3d 633 (contract construed against drafter when ambiguous)
Hickory Heights Health & Rehab. v. Cook, 557 S.W.3d 286 (ambiguities resolved against drafter in arbitration context)
Pine Hills Health & Rehab. LLC v. Talley, 546 S.W.3d 492 (no third‑party arbitration without valid bilateral agreement)
Robinson Nursing & Rehab. Ctr., LLC v. Phillips, 586 S.W.3d 624 (form drafting can show intent re: responsible party vs. contracting party)
Progressive Eldercare Servs.-Chicot, Inc. v. Long, 449 S.W.3d 324 (third‑party‑beneficiary elements)
Price v. Willbanks, 374 S.W.3d 28 (ambiguities construed against drafter)
Carter v. Four Seasons Funding Corp., 97 S.W.3d 387 (contract construction principles)