Panel Affirms Holding That Wrongful Death Claim Is Not Subject To Arbitration

Mealey's (March 1, 2019, 1:31 PM EST) -- SACRAMENTO, Calif. — A California appeals panel on Feb. 27 affirmed a lower court’s decision to deny a nursing home’s motion to compel arbitration of a wrongful death claim asserted by the son of a deceased resident, holding that a power of attorney did not give him the authority to make health care decisions for his mother, including binding her to arbitration (David Phillips, et al. v. Villa Del Rey Manor, Inc., No. C083116, 2019 Cal. App. Unpub. LEXIS 1383)....

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