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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.