Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra…

Summary

The Court held that a spouse acting solely under the Living Will Directive Act may not bind an incapacitated patient to a mandatory arbitration agreement because such an agreement is not consent to a medical procedure, treatment, or intervention. The arbitration agreement was therefore invalid for lack of authority, and the denial of the motion to compel arbitration was affirmed. The Court also rejected the argument that this interpretation discriminates against arbitration under federal law, while declining to reach unconscionability and other unpreserved issues.