Extendicare Homes, Inc. D/ B/ a Shady Lawn Nursing Home Extendicare, Inc. Extendicare Health Network, Inc…

Summary

Justice Abramson’s dissent argues that the majority’s requirement of specific and express authority to waive a jury trial before an agent may agree to arbitration conflicts with the Federal Arbitration Act and controlling federal precedent. She would hold that powers of attorney granting general authority to contract, sue, settle disputes, or deal with personal property authorize the agents in these cases to execute the arbitration agreements, and that the trial courts’ orders compelling arbitration should be reinstated. Justice Noble, dissenting separately, joins Abramson’s reasoning and additionally argues that the majority misread the agency-law limits discussed in Ping.