Sandra Norris wanted her husband Rayford, who was diagnosed with Alzheimer’s, to be admitted to The Lantern at Morning Pointe of Lexington (“the Lantern”). As a condition of accepting Rayford as a patient, the Lantern required Sandra to sign a mandatory arbitration agreement. Sandra signed the agreement but did not designate the capacity in which she did so. Rayford remained at the Lantern until March 6, 2020. During his time there, Rayford suffered multiple falls, weight loss, and a necrotic bedsore. Rayford passed away in August 2020. Sandra sued the Lantern for, among other claims, negligence and wrongful death. The Lantern filed a motion to compel arbitration, asserting that pursuant to Kentucky’s Living Will Directive Act, Sandra had the authority to make health care decisions for Rayford, which included signing the arbitration agreement. Sandra argued that signing the arbitration agreement, even if it was a necessary condition for Rayford’s admission to the facility, was not a health care decision. The circuit court denied the Lantern’s motion to compel arbitration, finding that signing a mandatory arbitration agreement did not constitute a health care decision. The Lantern appealed and the court of appeals affirmed the circuit court’s ruling. The Lantern appealed to the Kentucky Supreme Court.

The Kentucky Supreme Court affirmed the court of appeals’ judgment. Kentucky’s Living Will Directive Act imbues certain individuals with the authority to “[consent] to, or [withdraw] consent for, any medical procedure, treatment, or intervention” on an incapacitated person’s behalf when that incapacitated person does not have a living will or other advanced directive. Signing an arbitration agreement, mandatory or not, is not a medical procedure, a medical treatment, or a medical intervention.

LEXINGTON ALZHEIMER’S INVESTORS, LLC V. NORRIS, 2025 WL 2388179 (KY. AUGUST 14, 2025)