West Virginia High Court: Nursing Home May Rely On Alternate DPOA’s Authority

(June 5, 2018, 2:19 PM EDT) -- CHARLESTON, W.Va. — A trial court erred when it failed to enforce an arbitration agreement between a nursing home and a resident’s daughter who was an “alternate” durable power of attorney (DPOA) as the nursing home had no evidence that the daughter was exceeding her authority, the West Virginia Supreme Court of Appeals ruled May 30 (AMFM LLC, et al. v. Kimberly Shanklin, No. 17-0096, W.V. Sup., 2018 W. Va. LEXIS 451)....

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