When a loved one needs nursing home care, families are often under extreme pressure. A hospital discharge is looming. A bed has opened up. Paperwork is shoved across a desk with a quiet reminder: “We just need signatures so we can admit them today.”
Buried in that stack—often 40 or 50 pages long—is a single document that can quietly strip your family of one of its most powerful rights:
The right to a jury trial.
This is known as the nursing home arbitration agreement, and in Georgia, it has trapped countless families into private proceedings that overwhelmingly favor the facility—not the resident.
What Is a Nursing Home Arbitration Agreement?
An arbitration agreement is a contract requiring disputes—including abuse or neglect claims—to be resolved in private arbitration instead of a public court trial.
Think of arbitration as a mini-trial:
- No jury
- Limited discovery
- A private arbitrator (often a retired judge or attorney)
- Proceedings hidden from public view
Why Nursing Homes Push Arbitration
Facilities often claim arbitration is:
- “Faster”
- “Less stressful”
- “More efficient”
What they don’t say is that arbitration:
- Frequently results in lower settlements
- Limits access to internal facility records
- Keeps patterns of neglect out of the public eye
- Protects corporate reputations—not residents
In Georgia, arbitration clauses are commonly embedded deep within admission packets, signed during moments of crisis when families are exhausted, emotional, and focused on getting care—not negotiating legal rights.
Is Arbitration Mandatory for Admission in Georgia?
No. Absolutely not.
This is one of the most important facts Georgia families should know:
The Power Fact
Under federal CMS rules and Georgia law, a nursing home cannot refuse to admit or continue caring for a resident simply because the family refuses to sign an arbitration agreement. Read more in this blog post: How Georgia’s Bill of Rights for Nursing Home Residents Protects Your Loved Ones.
Arbitration is 100% voluntary.
Facilities are legally prohibited from:
- Making arbitration a condition of admission
- Retaliating against residents who refuse
- Suggesting care will be delayed or denied
If a facility implies otherwise, that alone raises serious legal concerns.
The “30-Day Window”: How to Rescind an Agreement You’ve Already Signed
Many families don’t realize they signed an arbitration agreement until after admission—sometimes weeks later.
The good news? You may still have options.
The Legal Rule (2026)
Under 42 CFR § 483.70, nursing home residents have a 30-day right to rescind (cancel) an arbitration agreement after signing it.
No justification required. No approval needed.
What Families Should Do Immediately
If you’re in Augusta, Savannah, or anywhere in Georgia and believe arbitration papers were signed by mistake:
- Draft a short rescission letter
- Clearly state you are rescinding the arbitration agreement
- Send it by certified mail to the facility administrator
- Keep copies for your records
This single step can preserve your right to a jury trial if neglect later occurs.
Why a Jury Trial in Richmond County Is Better Than Private Arbitration
Where your case is heard matters.
In cities like Augusta, nursing home abuse cases are typically brought in Richmond County State or Superior Court.
Why Local Juries Matter
A jury of local peers:
- Understands community values
- Is often more protective of elderly residents
- Can hear the full story, not a sanitized version
- Brings transparency and public accountability
By contrast, private arbitrators:
- May handle hundreds of cases for the same nursing home corporations
- Are repeatedly selected by defense firms
- Operate outside public scrutiny
For families seeking real accountability—especially in serious neglect cases—a public jury trial is often the strongest path to justice.
Frequently Asked Questions About Georgia Arbitration Laws
Does a Healthcare Power of Attorney (POA) have authority to sign arbitration agreements?
Not necessarily.
In Georgia, a Healthcare POA generally authorizes medical decision-making—not the waiver of legal rights.
Unless the POA explicitly grants authority to:
- Waive the right to a jury trial
- Sign optional contracts unrelated to medical care
the arbitration agreement may be invalid.
This issue frequently becomes a key battleground in Georgia nursing home cases—and one that experienced counsel can often challenge successfully.
Can I sue a Georgia nursing home if I signed an arbitration agreement?
Possibly. Arbitration agreements can sometimes be challenged or invalidated in Georgia, especially if they were signed under pressure, by someone without proper authority, or if the agreement violates federal CMS rules. An experienced nursing home abuse attorney can review whether the agreement is enforceable in your specific case.
What happens if the arbitration agreement was hidden in the admission paperwork?
Courts may consider whether the agreement was clearly disclosed and voluntarily signed. Arbitration clauses buried in lengthy admission packets—especially during a medical crisis—are frequently challenged on the grounds that families did not provide informed consent.
Why do nursing homes prefer arbitration over a jury trial?
Arbitration limits public accountability. Jury trials in places like Richmond County allow community members to hear evidence of neglect, while arbitration keeps cases private and often results in lower payouts for families. Nursing homes benefit from secrecy; residents do not.
What if I rescind the arbitration agreement but the nursing home ignores it?
A facility cannot lawfully retaliate against a resident for rescinding an arbitration agreement. If a nursing home continues to enforce a rescinded agreement or threatens discharge, legal intervention may be necessary to protect the resident’s rights.
To read more, view our nursing home abuse FAQs page.
Why Arbitration Is Especially Dangerous in Severe Neglect Cases
Arbitration clauses are most harmful when injuries are catastrophic.
Cases involving Stage IV bedsores are a prime example. These wounds do not develop overnight—they are widely recognized as signs of gross neglect.
A public jury is far more likely than a private arbitrator to:
- Understand how preventable these injuries are
- Hold facilities accountable for prolonged suffering
- Award damages that reflect the severity of harm
Keeping these cases out of public courtrooms benefits only the facility.
Attorney Spotlight: William Holbert, Georgia Nursing Home Abuse Lawyer
William Holbert is the founder of Holbert Law, a Georgia firm focused exclusively on nursing home abuse and neglect cases. He regularly reviews admission paperwork to identify arbitration traps, invalid agreements, and violations of resident rights.
Mr. Holbert represents families across Georgia, including Augusta and Savannah, and is known for aggressively challenging arbitration clauses that unfairly limit accountability. His approach combines detailed legal analysis with a commitment to preserving families’ right to a public jury trial whenever possible.
Don’t Sign Away Your Rights in a Moment of Crisis
Admission paperwork moves fast—but the consequences of signing an arbitration agreement can last for years.
If you are facing an admission crisis, contact our Atlanta nursing home abuse lawyers to review your paperwork before you sign.
And if you’ve already signed something you regret, don’t assume it’s too late.
Contact Holbert Law today for a free, confidential consultation.
Protecting your loved one starts with protecting your rights.