Troy Health and Rehabilitation Center. v. Brenda McFarland, as Personal Representative of the Estate of Garnell Wilcoxon

Summary

The court held that the arbitration agreement signed by Wilcoxon’s daughter as his attorney-in-fact was enforceable because the estate’s representative failed to prove that Wilcoxon lacked mental capacity when he executed the power of attorney or that he was habitually or permanently incompetent before then. Because the 2012 agreement otherwise satisfied the requirements for arbitration, the court reversed the denial of Troy Health’s motion to compel arbitration and remanded. The court did not reach Troy Health’s alternative arguments.