MANOR OAKS, INC., d/b/a MANOR OAKS NURSING & REHABILITATION CENTER, Appellant,
ROSEMARIE CAMPBELL, as Personal Representative of the Estate of STANLEY CHANSON, Appellee.
final until disposition of timely filed motion for rehearing.
of a non-final order from the Circuit Court for the
Seventeenth Judicial Circuit, Broward County; Carlos A.
Rodriguez, Judge; L.T. Case No. CACE-17-016051 (14).
Richard T. Woulfe, Mark A. Rutledge, and Scott C. Cochran of
Billing, Cochran, Lyles, Mauro & Ramsey, P.A., Fort
Lauderdale, for appellant.
Douglas F. Eaton of Eaton & Wolk, PL, Miami, for
heart of this case is whether a document that designates a
health care surrogate is broad enough to allow that surrogate
to consent to an arbitration provision in a nursing home
admission form. We hold that the narrow focus of the document
is on the surrogates' power to make health care
decisions, not business choices concerning dispute
resolution, so we affirm the order of the trial court denying
appellant's motion to compel arbitration.
1, 2009, Stanley Chanson signed a document, titled
"Durable Power of Attorney Containing Health Care
Surrogate Provisions" ("the Document"), in
which he appointed his friend, Rosemarie Campbell, and Mark
Chanson, his son, "as [his] attorney in fact to manage
[his] affairs as . . . 'health care
surrogate[s]'" (emphasis added).
December 9, 2016, at age eighty-six, Chanson was admitted to
Manor Oaks Nursing and Rehabilitation Center ("nursing
home"). Campbell signed the nursing home's admission
paperwork which included an "ARBITRATION PROVISION"
ARBITRATION PROVISION: Any controversy or claim arising out
of or relating to the Agreement, or the breach thereof,
including but not limited to claims under Chapters 400 and
415, FS; in excess of $5, 000.00 shall be settled by
arbitration in accordance with the provisions of the Florida
Arbitration Code found at Chapter 682, Florida Statutes, and
judgement upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof.
the Document is entitled "Durable Power of Attorney
Containing Health Care Surrogate Provisions," the
authority that it delegates involves only matters pertaining
to health care.
first section of the Document, "HEALTH CARE SURROGATE
PROVISIONS PURSUANT TO F. S. SECTIONS 709.08 AND 765,"
In the event that I have been determined to be incapacitated
to provide informed consent for medical treatment and
surgical and diagnostic procedures, I wish to designate as my
surrogate for health care decisions, the health care
surrogate named herein.
This designation revokes any prior health
surrogate designation which I may have made.
I fully understand that this designation will permit my
healthcare surrogate to make health
care decisions and to provide, withhold or withdraw
consent on my behalf; to apply for public benefits to defray
the cost of health care; and to ...