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Power of Attorney

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Logan v. Country Oaks Partners, LLC, No. B312967, 2022 Cal. App. LEXIS 710 (Ct. App. Aug. 18, 2022)

Plaintiff appointed nephew as  his health care agent and attorney-in-fact using an advance health care directive and power of attorney for health care decisions form developed by the California Medical Association.  After signing a contract to admit plaintiff to defendant's health care facility, nephew executed an optional arbitration agreement on plaintiff's behalf.  This decision holds that the directive and power… Read More

Gordon v. Atria Mgmt. Co., No. A161379, 2021 Cal. App. LEXIS 904 (Ct. App. Oct. 1, 2021)

Distinguishing Hutcheson v. Eskaton FountainWood Lodge (2017) 17 Cal.App.5th 937, this decision holds that a durable power of attorney that did not follow the statutory form granted the agent authority to agree to arbitration of disputes between the principal, an ailing elder, and the elder care facility to which she had been transferred.  The power of attorney specifically allowed the… Read More