When I put my loved one in memory care, I quickly signed all the paperwork online. It was a very stressful time and I could barely think. It's been over a year and I finally got a copy of when I signed. Part of the contract is an agreement to go to arbitration should any legal matters arise with the facility. The contract stated that I could rescind my decision to agree to arbitration within 30 days of signing. However, it's been over a year. I've found so much out about the facility and their shady dealings in the past year that I don't want to be bound to mandatory arbitration. I want my rights to pursue legal action with a lawyer. How do I rescind my agreement to mandatory arbitration.
An arbitration can be fine if there is a law suit but the idea is to avoid a lawsuit to begin with.
However, you were sent the documents. You were clear on what you were signing. You had notification you could CHANGE choices within 30 days. You didn't.
I am so sorry, but it won't wash "legally" now to say "Wait. I have learned a few things so I want to change things".
That just isn't how contracts work. Having learned these things since signing, your choices now are to leave your loved one in care at this facility or remove/move him/her.
In almost all cases of arbitration, even when mandatory, the decision isnt BINDING. Meaning you may have to attend arbitration, but you don't have to accept the decision. You can still sue if an attorney agrees you have a good case.
In almost any court, however, I think you would lose. Simply because you KNOW there are problems and you are not withdrawing your loved one from this faulty situation. In a trial it would go like this:
You: "I asked to drop the binding arbitration because I learned this facility is shady. They didn't let me. I did the arbitration and I disagree with outcome so I am suing on behalf of my loved one".
ALF attorney: "But you learned these "shady" things and still allowed your elder to STAY in this facility? Is that not right?"
You see what I mean. Case over.
So the sad truth is that if you feel this place is "shady" you need now not to change a document. Rather you need to find a new facility for your loved one. Because you have just proclaimed yourself aware that your loved one is currently in danger due to shady practices.
Now, I, nor any others here I know of, are in possession of a law degree. You might want to do a phone consult with an elder law attorney to see if you can change things round to your satisfaction here, and I will wish you the very best of luck.