This section contains the nature of the case and procedural background.

Manda, born in Croatia, immigrated to Omaha in 1958. She had a limited ability to read, speak, or understand English. P, her son, immigrated to Omaha in 1966 and lived with Manda for most of the following 40 years. As Manda aged, P assisted her in managing her affairs. In 1998, when Manda's health started declining, P began signing medical authorizations for her. He testified that he signed only medical documents at the hospital and that Manda signed all other documents. P stated that he would explain the documents to Manda and that if she wanted them signed, she would have P sign for her. P testified that he never signed anything without discussing it with Manda and that he never signed anything she did not agree with. P served as Manda's advisor and interpreter. P took only the actions Manda directed him to take. Mandy never granted P power of attorney, and she was never declared incompetent. It is undisputed that Manda was competent when she was admitted to D. Frank accompanied her during her admission, and after P placed her in her room, an employee of D took Frank to the office where he signed the paperwork for her admission. Manda was not present, and P never discussed the content of the paperwork with her. P claimed that he did not read any of the paperwork and that the employee did not explain any of the documents. P signed a 'Resident and Facility Arbitration Agreement' that was not a condition of admission, but everyone who was admitted got a chance to agree to binding arbitration. Before Manda died, she allegedly sustained injuries and pain, and suffering because of D's negligence. P filed suit against D alleging negligence, breach of contract, and breach of fiduciary duty. D moved to dismiss the case and to compel arbitration under the arbitration agreement. P argued that D could not enforce the arbitration agreement against Manda's estate because P, not Manda, had signed the arbitration agreement. Because Manda had authorized P to sign medical authorizations for her as early as 1998, the court concluded that P had actual authority to sign the arbitration agreement. P appealed.

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