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« Arbitration/Collective Bargaining/Administrative: Cal Supreme Court Holds That Compulsory Interest Arbitration In Private Sector Is Constitutional | Main | Settlement Agreements: Party Seeking To Invoke CCP 664 To Enforce Settlement Did Not Preserve Court's Jurisdiction Simply By Putting The Request In A Confidential Settlement Agreement »

12/04/2017

Arbitration/Agents: Hutcheson v. Eskaton Fountainwood Lodge Is Filed On Rehearing

Deficient Power Of Attorney Was Used For Making Decisions Relating To Health Care.

        Hutcheson v. Eskaton Fountainwood Lodge, C074846 (3rd Dist. 11/28/17) has been ordered filed on rehearing.  We posted earlier about this case on June 15, 2017.  The case held that a residential facility for care of the elderly could not enforce an arbitration provision, because the power of attorney under which the agreement was executed did not provide for making health care decisions.

     COMMENT:  This is a fact-specific outcome, depending on whether in this instance this residential care facility for the elderly provided health care for its residents.   Nevertheless, prudence dictates that residential care facilities for the elderly also follow the requirements of the Health Care Decision Law, Probate Code sections 4600 et seq., in order to  have enforceable arbitration clauses.

 

Posted by on 12/04/2017 at 09:07 AM in Arbitration: Agents, Pending Cases |

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