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Durable power of attorney was broad enough to authorize agreement for binding arbitration of claim against skilled nursing facility.

April 1, 2010
Estate of Ellen Lucille Smith v. Southland Suites of Ormond Beach, LLC, 35 Fla. L. Weekly D145 decided January 8, 2010

The Fifth District Court of Appeals found that a durable power of attorney was broad enough to authorize the nursing home resident's daughter to enter into an agreement for binding arbitration. The durable power of attorney granted the daughter the power to execute all contracts which may be requisite to effectuate any matter or thing appertaining to or belonging to the resident. The court compelled arbitration of the claim for violation of the resident's nursing home rights.

Case Law Alert - 2nd Qtr 2010

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