Signed a Parent’s Nursing Home Papers? What That Means for Your Family’s Right to Sue in California

When a parent or spouse moves into a skilled nursing facility, families are often handed a stack of admission papers to sign, sometimes in a hurry and sometimes during a medical crisis. One of those pages may be an arbitration agreement. If something later goes wrong, families ask: did I give up my own right to go to court when I signed for my loved one?

A California Court of Appeal decision filed October 8, 2026 offers a useful example. In O’Connor v. San Mateo Healthcare & Wellness Center (case A172069), the First Appellate District, Division One, affirmed an order denying a nursing facility’s motion to compel arbitration. The court held that a wife who signed the facility’s arbitration agreement only as her husband’s agent did not agree to arbitrate her own individual claims, including wrongful death and loss of consortium.

In plain terms: An arbitration agreement is a contract to resolve disputes before a private arbitrator instead of a judge and jury. When you sign one only as someone else’s agent, for example under a power of attorney, you generally sign for that person. Whether you also gave up your own claims depends on how and in what capacity you signed, the kind of claim, and California law.

This page is general information, not legal advice. The O’Connor opinion is unpublished, which means under California Rules of Court, rule 8.1115, courts and parties generally may not cite or rely on it in other cases. We discuss it because it illustrates principles drawn from published California decisions it applies.

If a loved one was hurt or died after neglect in a care facility anywhere in California, Win Attorneys handles wrongful death and catastrophic injury and personal injury matters statewide. If your loved one is still in a facility and needs care, get them medical attention first.

Talk to us at (562) 296-5380 or reach out through our contact page for a free case review. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.

What Happened in the O’Connor Case

According to the opinion, which describes the allegations of the complaint, the husband died after a six-month stay at a skilled nursing facility. His wife sued the facility and related entities and individuals in San Francisco Superior Court, both as his successor and in her own personal capacity. These are allegations; the opinion does not decide whether they are true.

The complaint alleged eight causes of action:

Five survival claims on the husband’s behalf: elder neglect, elder neglect with enhanced remedies, negligence, fraud, and violation of the patient’s bill of rights.
Three claims by the wife individually: negligent infliction of emotional distress, wrongful death, and loss of consortium.

The wife had signed the facility’s arbitration agreement on the signature line for a legal representative or agent. The parties agreed she had authority to contract for her husband under a durable power of attorney he signed in 2022.

The defendants moved to compel arbitration. The trial court denied the motion under Code of Civil Procedure section 1281.2, subdivision (c), finding that the mix of arbitrable and non-arbitrable claims created a risk of inconsistent findings of fact or law. The defendants appealed, and the Court of Appeal affirmed.

The Key Holding: Signing as an Agent Is Not Signing for Yourself

The facility pointed out that its agreement had the signer acknowledge that “any claims that I may assert in my personal capacity” relating to the facility’s services to the resident are governed by the arbitration agreement.

The Court of Appeal was not persuaded. It noted that the agreement “included no signature line for anyone to agree to this (or any other) provision in their individual capacity.” The only signature line identified the signer as a legal representative or agent. Because the wife signed as her husband’s agent only, the court held, she did not sign in her individual capacity or agree to arbitrate future claims brought in that capacity. That made her a third party as to her three individual claims.

The court relied on published decisions reaching similar results:

Avila v. Southern California Specialty Care, Inc. (2018). A son who signed an arbitration agreement under a power of attorney as his parent’s agent, but not individually, was not bound to arbitrate a later wrongful death claim sounding in elder abuse, even though the agreement said it would bind the patient’s heirs.
Hearden v. Windsor Redding Care Center, LLC (2024). Family members who sign as legal representatives or agents of a resident do not, by that alone, sign in their individual capacities.

Medical Malpractice Versus Custodial Neglect

California has one important exception that families should know about, and the O’Connor opinion explains it.

Ruiz v. Podolsky (2010). The California Supreme Court held that Code of Civil Procedure section 1295, part of the Medical Injury Compensation Reform Act (MICRA), allows a patient who agrees to arbitrate medical malpractice disputes to bind the patient’s heirs in a wrongful death action, even if the heirs never agreed to arbitration themselves.

Holland v. Silverscreen Healthcare, Inc. (2025). The California Supreme Court later clarified the limits of that rule for skilled nursing facilities, which provide both medical care and custodial care. The test is whether the primary basis for the wrongful death claim sounds in medical malpractice or in custodial neglect. When the claim is really about a failure to meet basic needs, such as custodial obligations, rather than substandard medical services, the Ruiz exception does not bind the heirs.

In O’Connor, the parties did not dispute that the claims sounded in elder abuse rather than medical malpractice. That is why the Ruiz exception did not apply.

For families, this means the label on the claim matters. A wrongful death claim built on neglect of basic care may be treated differently from one built on a medical judgment.

What the Court Did Not Decide

The appeal answered a narrow question. The opinion does not decide:

Whether the allegations of neglect are true.
Whether the husband’s survival claims would have to be arbitrated if they stood alone. The trial court treated the case as a mix of arbitrable and non-arbitrable claims and used its discretion under section 1281.2(c) to deny arbitration, and the Court of Appeal upheld that order.
Whether the defendants waived arbitration, or whether the agreement was unconscionable or procured by fraud.
Whether any other named parties were third parties.

The defendants also argued on appeal that the Federal Arbitration Act preempts section 1281.2(c). The court held that argument was forfeited because it was not specifically raised in the trial court. The opinion notes that the U.S. Supreme Court held in Volt Information Sciences v. Board of Trustees of Leland Stanford Junior University (1989) that the FAA does not preempt section 1281.2(c), while parties can contractually agree that the FAA’s procedural rules govern.

California Rules on Nursing Home Arbitration Clauses

Separate from the O’Connor case, California statutes set rules for arbitration clauses in admission contracts.

Health and Safety Code section 1599.81 provides that:

Admission contracts with an arbitration clause must clearly say that agreeing to arbitration is not a precondition for medical treatment or for admission.
Arbitration clauses must be on a form separate from the rest of the admission contract, with space for the signature of any applicant who agrees.
Clauses about medical malpractice arbitration under Code of Civil Procedure section 1295 must be clearly separated from other arbitration clauses, with separate signatures for each.
The arbitration attachment must give notice that, under Health and Safety Code section 1430, the patient may not waive the ability to sue for violation of the Patient’s Bill of Rights.

Code of Civil Procedure section 1295 requires specific language and a bold red-type notice in medical malpractice arbitration contracts, and provides that such a contract may be rescinded by written notice within 30 days of signature.

Whether a particular facility’s papers meet these rules is a question for a lawyer who has the actual documents.

Practical Steps for Families

If you signed admission papers for a parent or spouse, or are about to:

Read every page before signing, and ask whether arbitration is optional. Section 1599.81 requires the contract to say clearly that arbitration is not a precondition for admission or treatment.
Note the capacity in which you sign. Signing as an agent or legal representative is different from signing for yourself.
Ask for copies of everything you sign, including any separate arbitration form.
Watch the calendar. Section 1295 allows written rescission of a medical malpractice arbitration contract within 30 days of signature. Talk to a lawyer promptly if you want to explore that option.
Keep records of care concerns, photos, and dates, and report safety concerns to the facility and appropriate authorities.
Get medical care for your loved one when something seems wrong.

If a loved one has died, California law allows certain family members, including a surviving spouse and children, to bring a wrongful death claim under Code of Civil Procedure section 377.60. The general deadline to file a lawsuit for injury or death caused by wrongful act or neglect is two years under section 335.1, though other rules and deadlines may apply depending on the type of claim. Call early.

Talk With Win Attorneys

Win Attorneys helps families across California from our Tustin office. If you are facing a nursing facility’s arbitration demand after a loved one was hurt or died, you do not have to sort out which claims belong where on your own. Our office is fluent in Spanish and Vietnamese; say so when you call.

Talk to us at (562) 296-5380, write through our contact page, or visit 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. The case review is free.

Nursing Home Arbitration FAQs

If I signed nursing home papers for my parent, did I give up my own right to sue?

Not necessarily. In O’Connor v. San Mateo Healthcare & Wellness Center, an unpublished 2026 decision, the Court of Appeal held that a wife who signed only as her husband’s agent did not agree to arbitrate her own wrongful death, emotional distress, and loss of consortium claims. Published cases such as Avila (2018) and Hearden (2024) reached similar results. The answer depends on the documents and the claims.

Can a nursing home require an arbitration agreement for admission in California?

Health and Safety Code section 1599.81 requires admission contracts with an arbitration clause to clearly state that agreeing to arbitration is not a precondition for medical treatment or admission, and requires the arbitration clause to be on a separate form.

Does a resident’s arbitration agreement bind the family’s wrongful death claim?

It depends. Under Ruiz v. Podolsky (2010), a patient’s MICRA-compliant agreement to arbitrate medical malpractice can bind heirs in a wrongful death action. Under Holland v. Silverscreen Healthcare (2025), that exception does not apply when the wrongful death claim primarily sounds in custodial neglect rather than medical malpractice.

What is the difference between a survival claim and a wrongful death claim?

A survival claim is brought on behalf of the person who died, for harm that person suffered. A wrongful death claim belongs to certain family members, such as a surviving spouse or children under Code of Civil Procedure section 377.60, for their own losses from the death.

Can I cancel a nursing home arbitration agreement after signing?

Code of Civil Procedure section 1295 provides that a medical malpractice arbitration contract may be rescinded by written notice within 30 days of signature. Whether that applies to a specific document depends on its terms, so have a lawyer review it quickly.

Is the O’Connor decision binding law in California?

No. The opinion was not certified for publication. Under California Rules of Court, rule 8.1115, unpublished opinions generally may not be cited or relied on in other cases. The published decisions it applies, such as Ruiz, Holland, Avila, and Hearden, can be.

How long do families have to file a nursing home wrongful death lawsuit in California?

The general deadline for a lawsuit for injury or death caused by wrongful act or neglect is two years under Code of Civil Procedure section 335.1. Other rules and deadlines may apply depending on the type of claim and defendant, so talk to a lawyer early.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Case facts are taken from the unpublished opinion in O’Connor v. San Mateo Healthcare & Wellness Center (Cal. Ct. App., First Dist., Div. One, No. A172069, filed October 8, 2026), which describes allegations that have not been proven. Unpublished opinions generally may not be cited or relied on under California Rules of Court, rule 8.1115. Outcomes depend on the facts and documents of each matter. Seek medical care for injuries. Consult a licensed California attorney about your situation.