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Arredondo v. SNH SE Ashley River Tenant, LLC

SCMarch 10, 2021No. 2019-001767
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal - South Carolina Supreme Court reversed court of appeals decision

Related Laws

No specific laws identified for this ruling.

Outcome

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.

Excerpt

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 In an unpublished opinion, the court of appeals held the arbitration agreement was enforceable.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.

What This Ruling Means

**What Happened** This case involved a dispute over whether a legal document forcing arbitration (private dispute resolution instead of court) was valid. Ashley River Plantation, an assisted-living facility, had an arbitration agreement signed by Thayer Arredondo, who was acting as a legal representative for facility resident Hubert Whaley under a power of attorney. When a dispute arose, the question became whether Arredondo had the proper authority to sign this agreement on Whaley's behalf. **What the Court Decided** The South Carolina Supreme Court ruled that the arbitration agreement was not enforceable. The court found that Arredondo lacked the legal authority to sign the arbitration agreement for Whaley, even though he was acting under a power of attorney. This reversed a lower court's decision that had upheld the agreement. **Why This Matters for Workers** This ruling protects workers and their families by ensuring that arbitration agreements cannot be improperly forced upon them. It establishes that someone acting on another person's behalf must have clear, specific authority to sign agreements that limit legal rights. This is particularly important for vulnerable workers in healthcare settings and their family members who may need legal representation.

This summary was generated to explain the ruling in plain English and is not legal advice.

More Rulings in This Case

Other orders and opinions in Arredondo from the same court.

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