Hogan

The children of a decedent sued a nursing home that had provided services to their mother. The trial court denied the nursing home’s motion to compel arbitration of the elder abuse cause of action. The nursing home contends that the trial court, in so doing, ignored the controlling precedent of Garrison v. Superior Court (2005) 132 Cal.App.4th 253 [ 33 Cal.Rptr.3d 350 ] (Garrison). The nursing home is correct that Garrison is well reasoned and dictates the outcome of this case. The trial court should have granted the motion. The decedent had signed a Probate Code, séction 4701 health care power of attorney that' authorized her daughter to make health care decisions for her, including the selection of health care providers. This authorization impliedly included the power to execute contracts of admission when háving the decedent admitted to a long-term" health care facility. Inasmuch as the decedent had not elected to restrict the powers of the daughter as her agent so as to exclude the power to enter into arbitration agreements, the daughter had the power to execute arbitration agreements when presented to her by the long-term health care facility as part of the package…