Candansk, LLC v. Estate of Hicks ex rel. Brownridge

Opal Hicks, decedent, executed a power of attorney naming her daughter, Sandra Brownridge, as her agent. The power of attorney was based on the statutory form from Article 3 of the Uniform Power of Attorney Act. In relevant part, the power of attorney granted Brownridge the power to act on Hicks’s behalf in any way Hicks herself could act with respect to “claims and litigations.” Hicks resided at Carrington Place of St. Pete, LLC (Carrington Place) (plaintiff), a nursing home, prior to her death. When Hicks was admitted to Carrington Place, Brownridge signed an agreement on Hicks’s behalf that included an arbitration clause requiring that any disputes with Carrington Place be resolved through arbitration. After Hicks’s death, her estate (defendant) sued Carrington Place for negligence, wrongful death, and breach of fiduciary duty. Carrington Place moved to compel arbitration based on the arbitration agreement Brownridge had signed as Hicks’s agent. The estate countered, arguing that Brownridge exceeded the scope of her powers as agent when she signed the arbitration agreement because (1) the power of attorney did not specifically authorize Brownridge to agree to arbitration; and (2) the power of attorney only covered Hicks’s property rights and did not allow Brownridge to place limits on how Hicks could bring a cause of action. The trial court denied Carrington Place’s motion, holding that the power of attorney did not grant Brownridge the power to consent to arbitration on Hicks’s behalf. Carrington Place appealed.