L.L.

BACKGROUND

L.L. was admitted into Orinda in March 2019, after suffering a stroke. At the time, she was “half unconscious” and had “difficulty understanding English.” She also had a PEG tube for feeding and an in-dwelling Foley catheter due to incontinence. A few days after L.L.’s admission, Orinda gave Regina a “package of admission documents” and told her she “had to sign all fields which required a signature.” L.L. had no power of attorney or advance health care directive at the time, nor was she a conservatee.3 Regina signed the admission agreement as “Resident Representative.” The agreement explained, “References to the ‘Resident’s Representative’ are references to [Regina], the person who will sign on your behalf to admit you to this Facility, and/or who is authorized to make decisions for you in the event you are unable to. To the extent permitted by law, you may designate a person as your Representative at any time.” One of the documents Regina signed was titled “Resident-Facility Arbitration Agreement.” It provided in part: “any dispute as to medical malpractice . . . [¶] . . . [or] any dispute between Resident and Facility, including any action for injury or death…