Vol. 8 No. 1, Fall 2016; THE FATAL FIALA FLAW: Hey! Why Not Just Make Arbitration Agreements Mandatory?
Lichtenauer, Adam N.
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This Article discusses the ability of healthcare agents to bind their principals with arbitration agreements when admitting their principals to nursing homes. A recent Illinois appellate court decision had the unfortunate effect of allowing nursing homes to expand the authority of healthcare agents to encompass arbitration agreements by simply making such agreements a requirement for admission. Although this ruling has the potential to further disadvantage people who are already unable to care for themselves, this Article will discuss approaches that can be used to correct the misstep.