66 So. 3d 396
Fla. Dist. Ct. App.2011Background
- Estate of Nettie Irons appeals a nonfinal order compelling arbitration of wrongful death and nursing home claims against Arcadia Healthcare.
- Mrs. Irons appointed her daughter June Springer as health care surrogate via a durable Health Care Power of Attorney (POA).
- POA authorizes surrogate to make health care decisions, including admission to or transfer from facilities, and to access medical information.
- Arcadia sought to compel arbitration based on the POA and the admission agreement containing an arbitration clause.
- Estate contends the POA does not authorize arbitration or binding dispute resolution on contractual claims; trial court granted arbitration.
- Court reverses and remands to deny arbitration based on the POA not broadly authorizing contract/arbitration actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the health care POA authorizes consent to arbitration. | Estate argues POA limits surrogate to health care decisions; no explicit/arbitrary authority to bind to arbitration. | Arcadia contends durable POA grants broad authority, including entering arbitration agreements. | POA does not authorize arbitration consent; order reversed. |
Key Cases Cited
- Candansk, LLC v. Estate of Hicks, 25 So.3d 580 (Fla. 2d DCA 2009) (strict construction; broad umbrella grants may or may not include arbitration)
- Jaylene, Inc. v. Moots, 995 So.2d 566 (Fla. 2d DCA 2008) (umbrella authority to act encompasses arbitration when tied to principal's rights)
- Sovereign Healthcare of Tampa, LLC v. Estate of Huerta, 14 So.3d 1033 (Fla. 2d DCA 2009) (two-prong analysis; specific and/or broad authority to determine arbitration scope)
- Carrington Place, LLC v. Estate of Milo ex rel. Brito, 19 So.3d 340 (Fla. 2d DCA 2009) (POA granting management of property did not confer power to arbitrate nursing home admission)
- Stalley v. Transitional Hosps. Corp. of Tampa, Inc., 44 So.3d 627 (Fla. 2d DCA 2010) (signing medical treatment consents does not authorize arbitration unless related to treatment)
- Five Points Health Care, Ltd. v. Mallory, 998 So.2d 1180 (Fla. 1st DCA 2008) (broader estate authority may include arbitration where expressly connected to health care decisions)