Missouri Supreme Court to consider agent’s authority under a health care durable power of attorney to enter arbitration agreements

June 7, 2019

The Missouri Supreme Court will consider whether an agent with a health care durable power of attorney can agree on behalf of a patient to arbitrate any potential claims the patient may have against a nursing home. The circuit court declined to send the patient’s claims to arbitration, and the Western District affirmed. The Supreme Court will determine what powers were granted to the agent in the durable power of attorney while taking into account federal policy favoring arbitration agreements.