Johnson v. Kindred Healthcare, Inc., 466 Mass. 779

Dalton Johnson executed a health care proxy on May 24, 2007 appointing Barbara Johnson as his health care agent to make health care decisions for him.
Dalton was admitted to Brain-tree Manor Rehabilitation and Nursing Center in September 2007, operated by Brain-tree Nursing, LLC.
On August 6, 2008, Barbara, in her capacity as health care agent, signed an arbitration agreement with the nursing facility to submit disputes to mediation and, if unresolved, arbitration.
Dalton suffered burns in March 2009 and died on July 27, 2009 while a resident at the facility.
Plaintiffs, administrators of Dalton’s estate, filed a negligence and wrongful death suit against the facility operators and related providers.
The trial and appellate proceedings addressed whether Barbara’s arbitration agreement could bind Dalton, given limits of the health care proxy statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether arbitration agreement is a health care decision	Health care proxy limited to medical decisions; arbitration is not a health care decision.	Arbitration related to care and disputes arising from care; falls within health care decisions.	Arbitration not a health care decision; not binding on Dalton.
Whether Barbara had authority to sign arbitration on Dalton’s behalf	Barbara lacked authority under the health care proxy to bind to arbitration.	Health care agent may decide disputes related to care.	Barbara lacked authority; arbitration binding not established.
Scope of health care proxy vs durable power of attorney	Proxy should cover only health care decisions; arbitration is outside that scope.	Proceedings suggest broader authority overlapping with fiduciaries.	Proxy authority narrow to health care decisions; not to arbitration.
Impact on FAA and public policy	FAA might enforce arbitration as contracts; policy favors access to courts.	FAA permits arbitration but not beyond health care proxy scope.	FAA considerations do not override the statutory limit; arbitration not compelled.

Cohen v. Bolduc, 435 Mass. 608 (2002) (health care proxy limits to health care decisions; autonomy)
Superintendent of Belchertown State Sch. v. Saikewicz, 373 Mass. 728 (1977) (informed consent and guardianship principles)
Miller v. Cotter, 448 Mass. 671 (2007) (motion to compel arbitration in nursing facility context)
Owens v. National Health Corp., 263 S.W.3d 876 (2007) (health care agent authority under durable power of attorney for health care)
Garrison v. Superior Court, 132 Cal. App. 4th 253 (2005) (contract arbitration within health care context)