TENDER LOVING CARE MANAGEMENT, INC., d/b/a TLC MANAGEMENT LLC, d/b/a LINCOLNSHIRE HEALTH CARE CENTER, INC., d/b/a/ RIVERVIEW HOSPITAL and LINCOLNSHIRE HEALTH CARE CENTER, INC., Appellants-Defendants, vs. RANDALL SHERLS, as Personal Representative of the ESTATE OF BERDIE SHERLS, DECEASED, Appellee-Plaintiff., 14 N.E.3d 67

Summary

HOLDINGS: [1]-In the estate's negligence suit against a health care facility, the trial court properly found that due to the patient's incapacity at the time she was admitted to the facility after suffering a stroke, her adult son had the authority under Ind. Code § 16-36-1-5(a) to enter into the arbitration agreement; [2]-The trial court correctly held that the arbitration agreement was not an unconscionable adhesion contract, merely because it gave the facility the sole power to choose the arbitration forum; [3]-The arbitration clause did not limit the estate's ability to recover damages from the facililty's negligent acts; [4]-The extrinsic evidence in the record resolved an ambiguity surrounding the identity of the parties to the agreement; [5]-The trial court was directed to grant the motion to compel arbitration.