Document Category:
State: Kentucky
Subject Matter: ADR Enforceability
Document Title:
Comments:

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 wasn’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.           

 


Document Author: KY Sup. Ct.
Firm/Company: KY Sup. Ct.
Document Date: August 23 2012
Search Tags: ADR POA FAA Beneficiary
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Copyright:

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