Alabama Somerby, LLC, D/b/a Brookdale University Park Il/al/mc Brookdale Senior Living, Inc. and Undrea Wright V…

Summary

The court held that the resident's daughter had apparent authority to execute the residency agreement on the resident's behalf, including its arbitration provision. The resident's continued acceptance of the facility's services without objection, together with the daughter's representation that she was the resident's legal representative, established apparent authority. The opposing party failed to present evidence proving that the resident lacked contractual capacity when the agreement was executed, so the order denying arbitration was reversed and remanded.