Kentucky Supreme Court Upholds Arbitration Agreement Signed By Holder Of Power Of Attorney

The Kentucky Supreme Court has issued this opinion, holding that a holder of a power of attorney was authorized to enter into an arbitration agreement on behalf of an entering resident into a long term care facility. In compelling arbitration of a negligence and wrongful death action against the facility, the court stated as follows: “when an agreement to arbitrate is presented as a condition of admission to a nursing home, unless otherwise agreed, a power of attorney expressing general authority to make necessary health care decisions includes the incidental or reasonably necessary authority to enter that agreement.”

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