Arbitration, Agents: Residential Care Facility Failed To Establish That Father Was Bound By Son's Signature To Arbitrate

Based On Generally Applied Principles Of Agency, The Care Facility Failed To Establish Son Acted As Father's Agent.

        An elder care facility argued that aged father, who died of severe sunstroke while in care of facility, was bound to arbitrate by son's signature on Residency Agreement. The basic problem was that, though it was uncontested that the son signed the Residency Agreement with the arbitration provision, the elder care facility failed to establish that the son was acting as an agent for his father. Agency is ordinarily established by the words and acts of the principal, not the agent. And here, there was no power of attorney, and no evidence that the father, who had mild cognitive problems, had given authority to the son to enter into a binding arbitration agreement. The signature block did not show the capacity in which the son was signing. And the representative of the care facility did not discuss the Residency Agreement with the father. So the trial court's order denying a petition to compel arbitration was affirmed. Rogers v. Roseville SH, LLC, et al., No. C089561 (3d Dist.  3/4/22) (Mauro, Robie, Krause).