A Durable Power of Attorney is an important document, but sometimes having one can cause problems.
A recent Florida court ruling scored a major win in the fight against elder abuse. The case established that a health care proxy does not have the authority to waive the right to jury trial and bind a person to a contract.
The case is Hugh Moen v. Bradenton Council on Aging LLC, where the defendants, the nursing home, filed motions to dismiss and to compel binding arbitration. The plaintiff, Moen, was the personal representative of the estate of Norma Silverthrone, appealed the order granting the motions to dismiss. The appeals court sided with the personal representative.
Background on The Case
Norma Silverthorne was admitted to a nursing home in 2013. Her daughter, Susan Moen, accepted a health care proxy designation on her mother’s behalf. Norma never executed a durable power of attorney in her daughter’s favor. Susan signed the nursing home’s admission agreement, which contained a “Voluntary Arbitration Agreement.”