Curto v. Illini Manors, Inc. 

Plaintiff filed wrongful death suit against nursing home for her husband's death. Court properly denied nursing home's motion to dismiss and to compel arbitration. Estate was not contractually bound by the arbitration agreement that spouse signed when husband was admitted to nursing home. Spouse's signature on nursing home documents did not confer express or implied authority on her to sign the arbitration agreement on husband's behalf. Absent some evidence that the resident gave the agent spouse authority to sign the arbitration agreement on his behalf, the resident is not bound by its terms. Spous's signature carries no legally binding weight as to arbitration of her personal claims against nursing home under Wrongful Death Act or Family Expense Act. (O'BRIEN and WRIGHT, concurring.)