Anita Buchanan, Next of Kin of Lucy Anita Leach, deceased, and on behalf of the wrongful death beneficiaries of Lucy Anita Leach v. Franklin Operating Group, LLC et al. (concurring)

I concur in the decision to reverse the order compelling arbitration. I write separately to address the interpretation of the durable power of attorney by which the decedent, Lucy Leach, designated her daughter, Anita Buchanan, as her attorney-in-fact. In arguing whether the durable power of attorney authorized Ms. Buchanan to sign an arbitration agreement associated with Ms. Leach’s admission into a nursing home, the parties contend that Owens v. National Health Corp., 263 S.W.3d 876 (Tenn. 2007) controls. The majority describes Owens as “helpful background” in that “the trial court’s order and much of the parties’ arguments on appeal center around that case.” But, in my view, Owens also provides important context for interpreting the durable power of attorney.