RECOMMEND REVISIONS TO POWERS OF ATTORNEY

Nursing Homes have begun to require binding arbitration and the waiver of further patient rights upon admission. If you become incapacitated and your agent admits you to a nursing home they may also unknowingly waive important legal rights.

The new tactic is to place language in nursing home admission documents waiving the resident's right to a jury trial, limiting potential damages for malpractice claims, eliminating punitive damages and requiring binding arbitration. Once signed by the patient or the agent the usual rights are forever waived.

Peterson & Peterson resommends that you have your Durable Power of Attorney reviewed with your attorney for the purpose of revising it to clearly disallow such waivers by your agents.

Please e-mail or contact Peterson & Peterson at 717-632-7171 to discuss this issue or any other legal matter.