Zephyr Haven Health & Rehab Center, Inc. v. Estate of Clukey ex rel. Clukey

KELLY, Judge.

Zephyr Haven Health and Rehab Center, Inc. (“Zephyr Haven”), appeals the trial court’s order denying its motion to dismiss and compel arbitration of the claims filed against it by Brenda Lee Miller Clukey, as personal representative of the Estate of Roy Clukey. For the reasons expressed below, we reverse and remand for further proceedings.

Mrs. Clukey, acting pursuant to a durable power of attorney signed by Mr. Clu-key, admitted her husband to Zephyr Haven’s nursing facility where he resided for approximately two and a half years. Days after his discharge from the facility, Mr.…