Tenn. High Court: Arbitration Agreement With Care Home Not ‘Health Care Decision’

(February 21, 2024, 11:28 AM EST) -- NASHVILLE, Tenn. — The Tennessee Supreme Court reversed and remanded an appellate court ruling affirming an order declining to compel arbitration in a son’s wrongful death suit against a nursing home where his deceased father lived, finding that the durable power of attorney (POA) naming the decedent’s daughter as his attorney-in-fact gave her the authority to act for her father in legal matters, including an optional arbitration agreement, even though the POA did not specifically give her the authority to make a “health care decision.”...