· 6/18/2009
Life Care Centers of America v. Smith
Citations
- 681 S.E.2d 182
- 298 Ga. App. 739
- 2009 Fulton County D. Rep. 2138
- 2009 Ga. App. LEXIS 704
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding \the plain language of the health care power of attorney did not give [the daughter] the power to sign away her mother's or her mother's legal representative's right to a jury trial\
- explaining health care power of attorney did not authorize daughter to execute \optional\ arbitration agreement on mother's behalf when daughter was authorized \to make any decision [the mother] could make to obtain or terminate any type of health care\
- explaining health care power of attorney did not authorize daughter to execute \optional\ arbitration agreement on mother's behalf when daughter was authorized \to make any decision [the mother] could make to obtain or terminate any type of health care\
- “[An arbitration] agreement is, at base, a contract, and the Federal Arbitration Act does not require parties to arbitrate when they have not agreed to do so.”
- arbitration agreement signed by nursing home resident’s daughter was unenforceable where daughter had no general power of attorney but only a power of attorney for health care decisions
- arbitration agreement not enforceable when signed by daughter who held her mother’s health care power of attorney but where that power did not authorize daughter to enter into arbitration agreements
Source: CourtListener parenthetical corpus (CC0).
Judges: Andrews, Miller, Barnes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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