Subject Matter: ADR Enforceability
The long-awaited Ping decision is out and it is not good news. Worth a read to see how far afield the KY Supreme Court has gone. Not only does it essentially strip away the right of a POA to sign ADR agreements (the ADR at issue was very broad), it also holds that the wrongful death beneficiaries are not bound the ADR agreement (an issue that wasnâ€™t even raised at the trial court or at the Court of Appeals). Strangely, they seem to suggest that if the ADR was a condition of admission, it would qualify as a healthcare decision and therefore the POA would have the authority to sign it.
Firm/Company: KY Sup. Ct.
Document Date: February 23, 2020
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