Case Number
M2006-1280-COA-R3-CV
This case was filed as a nursing home neglect case. The issue before the Court relates to the enforceability of an arbitration agreement signed during the nursing home admissions process by the holder of a durable power of attorney. The trial court denied the appellants’ motion to compel arbitration. It held that the arbitration agreement was beyond the authority of the attorney-in-fact, and, therefore, it did not reach questions related to the capacity of the decedent to execute the durable power of attorney; nor did it address the unconscionability of the agreement. We reverse the trial court as to its ruling on the authority of the attorney-in-fact and remand for a hearing and decision on the other issues not previously reached below.
Originating Judge
Judge Robert E. Corlew, III
Case Name
Charles Raines, as Administrator of the Estate of Zelma Raines, deceased, v. National Health Corporation
Date Filed
Dissent or Concur
No
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