News & Resources

Health Care Proxy Has No Authority to Bind Incapacitated Relative to Arbitration Agreement, as This is Not a Health Care Decision

Feb 13, 2017 in Case Law Updates by

In Moen v. Bradenton Council on Aging, LLC; Counsel on Aging of Florida, Inc.; and Reginal W. Washington (as to Riverfront Nursing and Rehbailitation Center), 42 Fla. L. Weekly D279, Case No. 2D15-5059 (Fla. 2nd DCA 2017), the Second District reversed the trial court’s order dismissing the case and ordering binding arbitration, and held that a health care proxy may not act as legal representative for an incompetent relative.

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