WELCH v. OAKTREE HEALTH AND REHABILITATION CENTER LLC (2022)

ORDER

Upon consideration of the application for permission to appeal of James A. Welch and the record before us, the application is granted as to the following issues:

1. Whether the Court of Appeals went beyond the permitted scope of review in reversing the circuit court's decision based on application of the Tennessee Health Care Decisions Act, Tenn. Code Ann. § 68-11-1801 to -1815, a statute not raised by either of the parties on appeal or addressed by the circuit court;

2. Whether this Court's citation to Tennessee Code Annotated section 34-6-208 in footnote 4 in Owens v. National Health Corp., 263 S.W.3d 876 (Tenn. 2007), creates a bright line rule prohibiting trial courts from considering a principal's lack of capacity to grant a healthcare power of attorney and other healthcare agency appointments; and

3. Whether the Court of Appeals’ determination that the circuit court erred in looking into the validity of the health care power of attorney to enforce the arbitration agreement improperly favors nursing home arbitration agreements over other contracts, contrary to the requirements of 9 U.S.C.A. § 2, AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011), and Tennessee contract law?

The Clerk is directed to place this matter on the docket for oral argument upon the completion of briefing.

PER CURIAM