In response to a recent motion to enforce an arbitration agreement executed by the resident’s POA, the trial judge determiend that since the POA did not specifically grant the authority to waive a resident’s constitutional right to a jury trial, the POA did not have authority to so bind the resident’s estate.   

The court held that the POA "did not contain any specific or express language authorizing the Plaintiff to arbitrate Ms. Duncan’s estate’s claims against the Defendants, as well as waive her constitutional rights."  Without such express language, the court concluded that the POA did not have authority to bind the resident’s estate. 

Author: Matt Steinberg from Kindred Healthcare

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