Do Arbitration Agreements Between Nursing Homes and Patients Violate Public Policy-- or Are They Enforceable Under the FAA?

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The Federal Arbitration Act (FAA) provides for enforcement of arbitration agreements in a “contract evidencing a transaction involving commerce” in the district court. A nursing home sought to enforce arbitration agreements signed by the (now deceased) residents’ family members as the residents’ attorneys-in-fact. The Kentucky Supreme Court’s conclusion in the ?rst case that the power of attorney did not confer that authority on the attorney-in-fact and, in the second case, that the patient’s intent to confer that speci?c authority could not be reasonably inferred from the document due to overriding policy considerations are the subjects of this certiorari proceeding.

Originally published in the American Bar Association on February 20th, 2017.

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