As this blog has noted, arbitration clauses have proliferated in all types of contracts over the last few years for transactions related to cellphone service, credit cards, student loans, etc. Now a pivotal case regarding a nursing home death is putting arbitration to the test for its lack of transparency and applicability to elder abuse and negligence.
1. What is the question of objectivity that is being raised in the case? Give a similar analogy using an example related to the accounting profession and discuss.
2. What is power of attorney and how does it play into this case?
3. What is the difference between a health care proxy and a power of attorney?
4. What was the most interesting thing that you learned in this article?
Corkery, M. and J. Silver-Greenberg. (2016). Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract? The New York Times, Feb. 21 (Retrievable online at http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html)