Hutcheson v. Eskaton Fountainwood Lodge
California Court of Appeal, 5th District
1Opinion of the CourtNicholson, Acting P. J.
*941This case turns on whether an attorney-in-fact made a "health care decision" by admitting her principal to a residential care facility for the elderly and, in the process, agreeing to an arbitration clause. If she did, as the trial court found, she acted outside the scope of her authority under the power of attorney, and the arbitration clause this appeal seeks to enforce is void.
To answer this question, we must define the scope of two statutes, the Power of Attorney Law ( Prob. Code, § 4000 et seq. (PAL)), and the Health Care Decisions Law ( Prob. Code, § 4600 et seq. (HCDL)), in light of…
2Cases cited20 opinions
- Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
- Coalition of Concerned Communities, Inc. v. City of Los AngelesCalifornia Supreme Court · 2004
- Freeman v. State Farm Mutual Automobile InsuranceCalifornia Supreme Court · 1975
- Julian v. Hartford Underwriters InsuranceCalifornia Supreme Court · 2005
- Victoria v. Superior CourtCalifornia Supreme Court · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- AMFM, LLC Commercial Holdings, LLC v. Kimberly ShanklinWest Virginia Supreme Court · 2018
- AMFM, LLC Commercial Holdings, LLC v. Kimberly ShanklinWest Virginia Supreme Court · 2018
- Davies v. Fountaingrove Lodge CA1/5California Court of Appeal · 2021
- Gordon v. Atria Management CompanyCalifornia Court of Appeal · 2021
- Harrod v. Country Oaks Partners, LLCCalifornia Supreme Court · 2024
5 more not listed; retrieve them via the Exa API.