Westmoreland v. High Point Healthcare Inc.

STEELMAN, Judge.

Decedent’s power of attorney executed an arbitration agreement after decedent was admitted to defendant’s nursing facility. The agreement provided that its execution was not a prerequisite to decedent being admitted or remaining in the facility. Plaintiff failed to meet her burden of proof to show that the agreement was procedurally and substantively unconscionable. The order of the trial court denying defendant’s motion to compel arbitration is reversed.

*78I. Factual and Procedural Background

On 17 July 2006, Nancy Jo Chapman Westmoreland, as attorney in fact for her father,…