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AMFM LLC v. SHANKLIN

No. 17-0096.

818 S.E.2d 882 (2018)

AMFM LLC; Commercial Holdings, LLC; Integrated Commercial Enterprises, Inc; Manzanita Holdings, LLC; Lifetree, LLC; Wineberry, LLC; Hillcrest Health Care Center, LLC, d/b/a Hillcrest Health Care Center; Tammy Fortney; and Matthew Poorman, Petitioners v. Kimberly SHANKLIN, ON BEHALF OF the ESTATE OF Lena NELSON, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: May 30, 2018.

Attorney(s) appearing for the Case

Mark A. Robinson, Esq. , Ryan A. Brown, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, West Virginia, Counsel for Petitioners.

James B. McHugh, Esq. , Michael J. Fuller, Jr., Esq. , D. Bryant Chaffin, Esq. , A. Lance Reins, Esq., Kendra R. Fokakis, Esq. , McHugh Fuller Law Group PLLC, Hattiesburg, Mississippi, Counsel for Respondent.

In this case we examine whether a durable power of attorney ("DPOA") provided an adult daughter with the authority to enter into an arbitration agreement with a nursing home on her mother's behalf. After review, we conclude the DPOA granted such authority to the adult daughter. We therefore reverse the circuit court's December 29...

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