In short: In a 2024 Second District case arising from a nursing home death, a son held both a health care surrogate designation and a durable power of attorney for his mother. He signed the admission agreement marked “HCS.” The court held a health care surrogate can make health care decisions but can’t waive jury trial or agree to arbitration, so the estate’s negligence suit stays in court.
The capacity in which a family member signs nursing home paperwork can decide whether the family ever sees a courtroom.
The Facts
A son was his mother’s health care surrogate and, under a separate document, her attorney-in-fact under a durable power of attorney. At admission he signed an agreement containing an arbitration clause and wrote that he signed as her health care surrogate. After she died, her estate sued the nursing home for negligence. The trial court compelled arbitration, reasoning he had signed as attorney-in-fact.
The Decision
The Second District reversed (No. 2D2023-1570, Apr. 19, 2024). He signed expressly as health care surrogate. A surrogate’s authority covers health care decisions. Agreeing to arbitrate and waiving the right to a jury trial isn’t a health care decision. Nothing showed he was acting under the power of attorney, so no valid arbitration agreement existed. The court relied on its earlier decisions in Moen v. Bradenton Council on Aging and Etheridge v. Palm Garden of Winter Haven.
Why It Matters
- Health care surrogates are created under Chapter 765 and decide medical care.
- Agents under a durable power of attorney act under Chapter 709 and can have broader authority, depending on the document.
- When the same person holds both roles, the capacity shown on the signature line matters.
Lessons for Families
- Read admission agreements. Arbitration agreements are usually optional; you can decline to sign them.
- Write your capacity next to your signature.
- If a loved one is harmed, don’t assume an arbitration clause controls. Who signed, and how, may decide it.
Source: Yederlinic v. Heather Hill Nursing Center, No. 2D2023-1570 (Fla. 2d DCA Apr. 19, 2024).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Florida Nursing Home Arbitration Agreement: Healthcare Surrogate vs POA (2nd DCA Case)
Go Deeper
- When a Family Member Is Taking a Parent’s Money in Florida: Power of Attorney, Guardianship, and Exploitation
- Arbitration Clauses in Florida Wills and Trusts: What § 731.401 Enforces, and What It Doesn’t
Frequently Asked Questions
Can a health care surrogate sign a nursing home arbitration agreement in Florida?
A surrogate’s authority covers health care decisions. In this 2024 case, the court held it didn’t extend to agreeing to arbitration.
Can a power of attorney agent agree to arbitration?
Possibly, depending on the powers granted in the document and whether the agent signed in that capacity.
Do I have to sign a nursing home arbitration agreement?
Usually not as a condition of admission. Read the agreement and ask.
Who can sue a nursing home after a resident dies?
The personal representative of the estate brings the claims.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
