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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 to South Carolina Supreme Court; reversal of Court of Appeals decision

Related Laws

No specific laws identified for this ruling.

Outcome

Supreme Court of South Carolina reversed the Court of Appeals, holding that the attorney-in-fact lacked authority to sign the arbitration agreement on behalf of the facility resident, rendering the arbitration 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 In an unpublished opinion, the court of appeals held the arbitration agreement was enforceable.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 an arbitration agreement was valid at Ashley River Plantation, an assisted-living facility. When resident Hubert Whaley moved into the facility, his attorney-in-fact (someone legally authorized to act on his behalf) Thayer Arredondo signed an arbitration agreement with the facility. Arbitration agreements require disputes to be resolved through private arbitration rather than in court. Later, when a legal dispute arose, the facility tried to enforce this arbitration agreement to avoid going to court. **What the Court Decided** The South Carolina Supreme Court ruled that the arbitration agreement was invalid and unenforceable. The court found that Arredondo, acting as attorney-in-fact, did not have the proper legal authority to sign the arbitration agreement on Whaley's behalf. This overturned a lower court decision that had said the agreement was valid. **Why This Matters for Workers** This ruling protects workers and residents in care facilities by ensuring that arbitration agreements cannot be improperly signed by third parties. It means that just because someone has power of attorney doesn't automatically give them authority to sign away another person's right to go to court. Workers should know that arbitration agreements must be properly executed to be enforceable.

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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