MHW partners Ken Hoffman and J. Wesley Mitchell successfully opposed a Motion to Dismiss filed by an area nursing home to transfer their clients lawsuit from the Circuit Court of Cook County to Arbitration. The court ruled that an Illinois Health Care Power of Attorney did not grant an agent the authority to bind the resident to a separate and optional arbitration agreement. The decision to sign such an agreement is not a healthcare decision covered by the HCPOA and is therefore invalid.
