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Reconciling the Limits of Agency Law and the Reach of the Federal Arbitration Act; Analyzing an Agent's Ability to Bind a Principal to Arbitration in the Nursing Home Setting

Publisher: Massachusetts Law Review
September 2018

Rebecca Tunney co-authored an article, "Reconciling the Limits of Agency Law and the Reach of the Federal Arbitration Act," published by the Massachusetts Law Review. The article analyzes the impact of the Supreme Court's decision in Kindred Nursing Centers Limited Partnership v. Clark on Massachusetts Estate Planning and Arbitration practitioners. The article provides an in-depth analysis of the authority of an attorney-in-fact or a health care agent to bind a principal to arbitration in the nursing home setting, outlines the laws in Massachusetts as they currently stand and predictions for where they are headed, and provides advice to estate planners given the prevalence of this issue in the courts in Massachusetts and nationwide.


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