CL SNF, LLC et al. v. Fountain
Annotate this CaseMinnie Fountain, as guardian for her adult nephew, Leroy Wiggins, filed claims against Wiggins’s skilled nursing facility and its management: CL SNF, LLC d/b/a Clinch Healthcare Center (“CHC”); RWC Healthcare, LLC; PWW Healthcare, LLC; and Beacon Health Management, LLC (collectively, “Clinch”), after Wiggins allegedly was assaulted while in their care. Clinch moved to compel arbitration of the claims, which the trial court denied. The Court of Appeals affirmed the trial court’s ruling based on a determination that neither the letters of guardianship issued by the probate court nor the provisions of the Georgia Code pertaining to guardians of adult wards gave Fountain the authority to enter into a pre-dispute arbitration agreement on Wiggins’s behalf. The Georgia Supreme Court granted Clinch’s petition for certiorari and reversed the Court of Appeals in CL SNF, LLC v. Fountain, 843 SE2d 605 (2020), because it concluded that the Guardianship Code granted a guardian authority to enter into a binding pre-dispute arbitration agreement where the exercise of such power was reasonably necessary to provide adequately for the ward’s support, care, health, and welfare.
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