Logan

INTRODUCTION

Plaintiff Charles Logan designated his nephew, Mark Harrod, as his health care agent and attorney-in-fact using an advance health care directive and power of attorney for health care decisions form developed by the California Medical Association (the Advance Directive). After the execution of the Advance Directive, Logan was admitted to a skilled nursing facility. Nineteen days later, Harrod executed an admission agreement and a separate arbitration agreement purportedly on Logan’s behalf as his “Legal Representative/Agent.” The sole issue on appeal is whether Harrod was authorized to sign the arbitration agreement on Logan’s behalf. The answer turns on whether an agent’s authority to make “health care decisions” on a principal’s behalf includes the authority to execute optional arbitration agreements. We conclude it does not. We therefore affirm the trial court’s order denying the motion to compel arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

In 2017, Logan executed the Advance Directive under California Probate Code1 sections 4600-4805 (Health Care Decisions Law), appointing Harrod as his health care agent. Under the Advance Directive, if Logan’s primary…