Kindred Nursing Centers Limited Partnership operates nursing homes and rehabilitation centers. Olive Clark was a resident at the Kindred nursing home called Winchester Centre. Janis Clark was the daughter of Olive Clark. Olive had previously signed a power of attorney that named Janis her attorney-in-fact that gave Janis "full power to transact, handle, and dispose of all matters affecting me/or my estate in any possible way," including the power to "draw, make, and sign in my name any and all contracts, deeds, and agreements." When Olive moved into the Winchester Centre, Janis completed the necessary paperwork. The contract that Janis signed with Kindred provided "any and all claims or controversies arising out of or in any way relating to the Resident's stay at the Facility" would be resolved through "binding arbitration" rather than a lawsuit. One year later, Olive died. Janis sued Kindred in Kentucky state court, alleging that Kindred's substandard care caused Olive's death.

Kindred made a motion to dismiss the case, arguing that the arbitration agreement prohibited Janis from bringing the dispute in court. Is an ­arbitration agreement enforceable?

Answer rating: 100% (QA)

The enforceability of the arbitration agreement would depend on several factors including the applic... View the full answer