Donna Ping, of the Estate of Alma Calhoun Duncan v. Beverly Enterprises, Inc.

Summary

The court held that the resident’s durable power of attorney authorized her daughter to manage property, finances, and health-care decisions, but did not authorize her to waive the resident’s right to litigate through an optional, collateral arbitration agreement. The daughter also lacked apparent authority, and the estate was not estopped or bound under a third-party-beneficiary theory. The court further held that Kentucky’s wrongful-death claim is independent of the decedent’s survival claims and therefore cannot be subjected to the decedent’s arbitration agreement. The court reversed the Court of Appeals and remanded for further proceedings.