Annette Wiley

Summary

The Kentucky Supreme Court held that a power of attorney executed without the witnesses required by the law then in effect was invalid, and that a later statutory amendment removing that requirement did not retroactively validate it. Because the agent therefore lacked authority to sign the facility's arbitration agreement, the agreement was unenforceable and the case was remanded for further proceedings. The court also rejected equitable estoppel because the facility could have discovered the missing witness signatures and identified no affirmative misrepresentation.