No specific laws identified for this ruling.
South Carolina Supreme Court reversed the court of appeals and held that the attorney-in-fact lacked authority to sign the arbitration agreement on behalf of the facility resident, rendering the agreement unenforceable.
This appeal concerns the enforceability of an arbitration agreement executed between Ashley River Plantation, an assisted-living facility, and Thayer Arredondo, the attorney-in-fact under two powers of attorney executed by Hubert Whaley, a facility resident. In an unpublished opinion, the court of appeals held the arbitration agreement was enforceable. Arredondo v. SNH SE Ashley River Tenant, LLC, Op. No. 2019-UP-293 (S.C. Ct. App. filed Aug. 14, 2019). We reverse the court of appeals and hold neither power of attorney gave Arredondo the authority to sign the arbitration agreement.
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