... notes, courts in certain other jurisdictions have concluded (or at least suggested in dicta) that
health care proxies or surrogates may sign arbitration agreements on behalf of incapacitated
patients. See, eg, Brown, 949 So.2d at 737; Barbee v. Kindred Healthcare Operating, Inc ...
James MOFFETT and Rozan O'Brien, Plaintiffs-Appellees, v. LIFE CARE CENTERS OF AMERICA,
a Tennessee corporation, d/b/a Briarwood Health Care Center, Defendant-Appellant. ... Such a
holding could make it more difficult to obtain health care services for the principal. ...
... on a reading of subsection 13-64-403(1), which states the intent of the legislature "that an
arbitration agreement be a voluntary agreement between a patient and a health care provider...."
While ... This policy in favor of arbitration applies equally in the healthcare context ... Health Sys ...
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