Sovereign Health Care of Tampa v. Huerta
14 So. 3d 1033 (Fla. 2nd DCA 2009) (May)
An elderly woman executed a durable power of attorney to her daughter in law before moving into a nursing home. The daughter in law signed the admission documents, which included an arbitration agreement, using that authority. The elderly woman died in the nursing home, and the personal representative of her estate brought suit. The trial court ruled that the daughter in law’s actions in agreeing to the arbitration clause were not sufficient to compel arbitration. The district court reversed holding that a catch-all provision in the power of attorney agreement in this case gave the daughter in law broad powers that granted her the authority to consent to such agreements.