GGNSC STANFORD, LLC v. ROWE

No. 2010-CA-002330-MR.

388 S.W.3d 117 (2012)

GGNSC STANFORD, LLC, d/b/a Golden LivingCenter — Stanford; GGNSC Administrative Services, LLC, d/b/a Golden Ventures; GGNSC Holdings, LLC, d/b/a/ Golden Hoizons; GGNSC Equity Holdings, LLC; Golden Gate National Senior Care, LLC d/b/a Golden Living; Golden Gate Ancillary, LLC, d/b/a Golden Innovations; GPH Stanford, LLC and Kyle Privett, Appellants v. Robert ROWE and Richard Rowe, as Co-Administrators of the Estate of Deborah Rowe, deceased, and on behalf of the Wrongful Death Beneficiaries of Deborah Rowe, Appellees.

Court of Appeals of Kentucky.

September 21, 2012.


Attorney(s) appearing for the Case

Marcia L. Pearson (argued), Louisville, KY, for appellants.

Lisa E. Circeo and Robert E. Salyer (argued), Lexington, KY, for appellees.

Before ACREE, Chief Judge; CAPERTON and VANMETER, Judges.


OPINION

ACREE, Chief Judge:

The primary question on appeal is whether the purported attorney-in-fact of an incompetent adult, ostensibly appointed by the incompetent person's parents, had actual or apparent authority to enter into an arbitration agreement on her behalf. If not, the question becomes whether the incompetent adult's estate can be estopped from arguing the arbitration agreement was invalid. Because we conclude that no person possessed...

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