Courtyard Gardens Health & Rehabilitation, LLC v. Sheffield

Summary

The Supreme Court of Arkansas affirmed the denial of a nursing facility's motion to dismiss and compel arbitration. It held that an emergency custodian appointed under the Adult Maltreatment Custody Act lacked authority to bind the protected adult to an arbitration agreement. Because the agreement was invalid for lack of authority, the court did not address whether the unavailability of the National Arbitration Forum made the agreement unenforceable.

Holdings

1. A custodian appointed under the Adult Maltreatment Custody Act does not have authority to bind the ward to an arbitration agreement because the custodian's statutory role is more limited than that of a guardian of the person or estate and does not include authority over the ward's estate.
2. The court did not decide whether the arbitration agreement would have been enforceable if valid because it held that the agreement was invalid for lack of authority.

Questions Presented

1. Whether an emergency custodian appointed under the Adult Maltreatment Custody Act has authority to bind the ward to an arbitration agreement.
2. Whether the arbitration agreement was unenforceable because the National Arbitration Forum was unavailable.

Disposition

affirmed