Kindred Nursing Centers East, LLC v. Jones, 201 So. 3d 1146

Lorene S. Jones was admitted to Whitesburg Gardens (Kindred) after knee surgery; her daughter Yvonne Barbour signed admission forms and an optional Alternative Dispute Resolution (ADR) (arbitration) agreement on January 21–23, 2013.
Barbour signed as "Resident Representative" on the admission agreement and as "Resident or Legal Representative" on the ADR form; the ADR form stated the facility could rely on a legal representative’s signature.
Jones later sued for injuries and substandard care; Kindred moved to compel arbitration based on the ADR agreement; the trial court denied the motion and Kindred appealed.
Key factual dispute: whether Jones was mentally competent when Barbour signed (Barbour claimed Jones was medicated and incompetent; Kindred relied on facility/medical records indicating Jones was alert during admission).
The court evaluated whether Barbour had authority (actual or apparent) to bind Jones, and whether a valid arbitration contract calling for arbitration existed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a valid arbitration contract binding Jones?	Jones: No — she never consented; Barbour lacked authority; Jones was medicated/incompetent when forms were signed.	Kindred: Yes — ADR was executed and applies to Jones; interstate-commerce clause invokes FAA.	Held: Yes — Kindred met its burden; ADR is a valid arbitration agreement binding Jones.
Was Jones mentally competent when ADR was signed?	Jones: Incompetent due to heavy pain medication; therefore cannot be bound.	Kindred: Medical records show Jones was alert/competent during admission; no evidence of incapacity.	Held: Jones was competent during admission and stay; no evidence of severe impairment like in prior cases.
Did Barbour have authority to bind Jones?	Jones: Barbour had no actual authority and Jones did not authorize ratification.	Kindred: Barbour had apparent authority because Jones passively permitted her to act and did not object while accepting benefits.	Held: Barbour had apparent authority; Jones passively permitted Barbour to act, so signature binds Jones.
Burden of proof for existence of arbitration agreement	Jones: (argued nonexistence/incompetency)	Kindred: (initial burden to show contract; then nonmovant must show invalidity)	Held: Kindred satisfied burden to show a contract; because Jones failed to show invalidity, arbitration compelled.

SSC Montgomery Cedar Crest Operating Co. v. Bolding, 130 So.3d 1194 (Ala. 2013) (distinguishes enforcement where resident was incompetent; discusses limits on binding incompetents)
Diversicare Leasing Corp. v. Hubbard, 189 So.3d 24 (Ala. 2015) (resident with severe lifetime impairment could not be bound by mother's signature)
Tennessee Health Mgmt., Inc. v. Johnson, 49 So.3d 175 (Ala. 2010) (competent resident bound by representative’s signature through apparent authority and passive acquiescence)
Carraway v. Beverly Enters. Alabama, Inc., 978 So.2d 27 (Ala. 2007) (apparent authority applied where resident accepted admission benefits and did not object to representative’s actions)
Noland Health Servs., Inc. v. Wright, 971 So.2d 681 (Ala. 2007) (plurality: arbitration provision signed by family member ineffective where resident was incompetent)
Briarcliff Nursing Home, Inc. v. Turcotte, 894 So.2d 661 (Ala. 2004) (nursing-home arbitration precedents addressing representative signatures)
Owens v. Coosa Valley Health Care, Inc., 890 So.2d 983 (Ala. 2004) (discusses application of arbitration agreements in nursing-home admission contexts)