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LUJAN v. LIFE CARE CENTERS OF AMERICA

No. 08CA2367.

222 P.3d 970 (2009)

Kathryn LUJAN, individually, and the Estate of Estella O. Lujan, through Kathryn Lujan as putative representative, Plaintiffs-Appellees and Cross-Appellants, v. LIFE CARE CENTERS OF AMERICA, a Tennessee corporation, d/b/a Evergreen Nursing Home, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

November 25, 2009.

Attorney(s) appearing for the Case

Law Office of John Robert Holland, P.C., John Robert Holland, Anna Holland-Edwards, Erica Tick Grossman, Denver, Colorado; Law Firm of Portales & Associates, P.C., R.E. Chips Portales, Joseph Oliva, Denver, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

Kennedy Childs & Fogg, P.C., Barbara Glogiewicz, Ronald Nemirow, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge GABRIEL.

Life Care Centers of America (Life Care) appeals the district court's order denying its motion to compel arbitration. As a matter of first impression in Colorado, we hold that a health care proxy decision-maker (health care proxy) does not have authority to enter into arbitration agreements for incapacitated patients. Accordingly, we affirm.

I. Background

Estella O. Lujan (Mrs. Lujan) was first admitted to a Life Care facility...

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