By The Law Offices of John Day, P.C. on Dec 09, 2024 05:48 am
Where decedent’s daughter was her attorney-in-fact but did not have the authority to make health care decisions, an arbitration agreement signed by the daughter in conjunction with decedent’s nursing home admission that specifically stated that it was a health care decision was not enforceable. In Buchanan v. Franklin Operating Group, LLC, No. M2022-01017-COA-R9-CV (Tenn. Ct. App. Nov. 19, 2024), plaintiff filed a negligence and wrongful death suit on behalf of her mother, who passed away while at defendant nursing home. In 2015, decedent had executed a power of attorney (“POA”) naming her daughter attorney-in-fact. This POA specifically stated that the daughter did not have the authority to make medical or healthcare decisions. In 2018, decedent was admitted to defendant nursing home, and her daughter filled out the paperwork. One document executed by the daughter was an arbitration agreement, which stated that it was not required for admission and also that “the signing of this Agreement, both by conjunction with the corresponding admission and receipt of services, is a health care decision.”
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