Theresa D. v. MBK Senior Living LLC
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Plaintiff (K.D.) was a resident at Muirwoods when she suffered falls, resulting in a fractured hip and deteriorating health. She became bedbound and was allegedly left in unsanitary conditions and infected with scabies. Muirwoods alleged that K.D.’s daughter Tennier, signed an arbitration agreement pursuant to her authority to make health care decisions for K.D. when assisting in her placement at Muirwoods. The arbitration provision included a delegation clause providing that an arbitrator would decide whether a claim or dispute must be arbitrated. The clause specified that the agreement to arbitrate could be withdrawn within 30 days and that “agreeing to arbitration is not a condition of admission to the Community.”
The court of appeal affirmed the denial o the motion to compel arbitration. The initial determination of whether Tennier was authorized to agree to arbitration on K.D.’s behalf is one for the court, not the arbitrator. Tennier was not K.D.’s agent for purposes of binding her to arbitration. Because the arbitration provision was optional, with its own signature line, it was essentially a separate agreement, Muirwoods did not establish that Tennier, who did not act pursuant to a durable power of attorney or similar authorization, could bind K.D. to an arbitration agreement as part of authorizing her admission.
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