Covenant Health Rehab of Picayune, L.P. v. Brown, 2007 Miss. LEXIS 43 (Miss. 2007)

After Plaintiffs filed a wrongful death suit, Defendants filed a motion to compel arbitration. Plaintiff argued the resident was incompetent and incapable of understanding the agreement and that the agent had no authority to enter into an arbitration agreement. The court found that resident’s health care agent had authority to bind the agent “in matters of health care.” The trial court struck several clauses in the admissions agreement including the arbitration provision. The court of appeals affirmed the trial court’s finding that the agreement was not procedurally unconscionable. It also affirmed striking the limits on liability, waiver of punitive damages, providing different judicial remedies, requiring all resolution costs from one party and limiting the statute of limitations. The court reversed the trial court’s denial of the motion to compel arbitration, reversed the trial court for striking provisions binding the estate and heirs to arbitration and remanded with instructions to require arbitration