California Court of Appeal

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Hutcheson v. Eskaton Fountainwood Lodge, 074846

In an elder law case seeking damages for elder abuse, fraud and negligent infliction of emotional distress, the trial court's denial of a motion by the nursing home-defendant to compel arbitration is affirmed where: 1) admission of decedent to the residential care center for the elderly was a health care decision; and 2) the attorney-in-fact who admitted her, acting under the Power of Attorney Law (PAL), Prob. Code section 4000 et seq., was not authorized to make health care decisions on behalf of the principal.

Appellate Information

  • Decided
  • Published 2017/06/14

Judges

  • NICHOLSON

Court

  • California Court of Appeal

Counsel

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