PALM GARDEN OF AVENTURA, LLC, ETC.
v.
SCHKETHA ELLISON, ETC.
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An agent's acts standing alone are insufficient to establish that the agent is authorized to act for the principal, and the decision to enter into an arbitration agreement is not a health care decision that may be made by a proxy for an incapacitated patient.
[1] Under Florida law, an arbitration agreement is not a health care decision that may be made by a proxy for an incapacitated patient pursuant to §§ 765.401 and 765.101(6),…
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Join FLexlaw to unlock all legal intelligence“The acts of the agent, standing alone, are insufficient to establish that the agent is authorized to act for the principal.”
Court's foundational principle on agent authorization
Palm Garden of Aventura sought to enforce an arbitration agreement allegedly entered into by a proxy on behalf of an incapacitated patient, Schketha E…
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PER CURIAM.
Affirmed. See Stalley v. Transitional Hosps. Corp. of Tampa, 44 So. 3d 627, 630 (Fla. 2d DCA 2010) (“The acts of the agent, standing alone, are insufficient to establish that the agent is authorized to act for the principal.”);
§ 765.401, Fla. Stat. (2020) (explaining that “health care decisions may be made for [an incapacitated] patient by” a proxy); § 765.101(6), Fla. Stat. (2020) (enumerating which decisions are considered “health care decisions”
and not including the decision to enter into an arbitration agreement).