Quarles v. Courtyard Gardens Health & Rehab., LLC (Majority, with Concurring)Annotate this Case
Decedent was a resident of Courtyard Gardens Health and Rehabilitation, LLC for nearly one year when she transferred to another nursing home. Decedent subsequently executed a purported durable power of attorney in favor of Appellant. Thereafter, Appellant, as power of attorney for Decedent, filed suit against Courtyard Gardens alleging negligence, medical malpractice, and violations of the Arkansas Long-Term Care Residents’ Rights Act. After Decedent died, the circuit court entered an order substituting as the nominal plaintiff Appellant, as special administrator of Decedent’s estate and on behalf of the wrongful-death beneficiaries of Decedent (“the Estate”). Courtyard Gardens moved for summary judgment, asserting that the complaint and amended complaint filed by Appellant under the power of attorney given to him by Decedent were nullities because the power of attorney was invalid and that the circuit court should dismiss the action because the statute of limitations on the Estate’s claims had expired. The circuit court granted Courtyard Gardens’ motion for summary judgment. The Supreme Court affirmed, holding that the circuit court did not err in finding that the power of attorney was invalid and in granting summary judgment based on the conclusion that the complaints were nullities.