James A. Welch, et al. v. Oaktree Health and Rehabilitation Center, LLC d/b/a Christian Care Centers of Memphis, et al.

At issue in this appeal is whether an individual, now deceased, lacked the requisite mental capacity when he signed a durable power of attorney for health care. The trial court answered this question in the affirmative, specifically concluding that there was clear and convincing evidence that the decedent was incompetent. As a result of this determination, the trial court further concluded that an arbitration agreement later signed by the decedent’s brother using the power of attorney was invalid, a conclusion which in turn prompted the trial court to deny the Defendants’ motion to compel arbitration on the basis of that agreement. For the reasons stated herein, we affirm the order of the trial court.