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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.

Recommended
"Welcome to Miami, Bienvenidos a Miami!" Step Miami Summit

On May 13, Day Pitney International Trusts and Estates Partner Sarah B. Jacobson spoke on the panel, "Welcome to Miami, Bienvenidos a Miami!: Pre-Immigration Planning When Moving to the Magic City," at the STEP Miami Annual Summit.

May 13, 2022
"Welcome to Miami, Bienvenidos a Miami!" hosted by Step Miami Summit
"Guardianship & Alternatives," The Arc of the South Shore

Special Needs Planning Partner Meredith Greene will hold a webinar for The Arc of the South Shore on "Guardianship & Alternatives," on May 4.

May 4, 2022
"Guardianship & Alternatives," hosted by The Arc of the South Shore
"Guardians and the Other Alternatives," The Arc of Bristol County

On April 28, Special Needs Planning Partner Meredith H. Greene will hold a webinar, "Guardians and the Other Alternatives," with The Arc of Bristol County.

April 28, 2022
"Guardians and the Other Alternatives," hosted by The Arc of Bristol County
"Transition Boot Camp & Beyond: Guardianship & Alternatives," The Arc of Greater Haverhill-Newburyport

Special Needs Planning Partner Meredith Greene will hold a webinar for The Arc of Greater Haverhill-Newburyport on "Transition Boot Camp & Beyond: Guardianship & Alternatives," on April 14.

April 14, 2022
"Transition Boot Camp & Beyond: Guardianship & Alternatives," hosted by The Arc of Greater Haverhill-Newburyport
"17th International Estate Planning Institute," International Section, Trusts & Estates Law Section, New York State Bar Association and STEP-NY

Individual Clients Department Partner Dina Kapur Sanna Co-Chaired the 17th International Estate Planning Institute sponsored by STEP-NY and the New York State Bar Association Trusts & Estates Law Section, the International Section on March 31 and April 1 where Individual Clients Department Partner Carl Merino also spoke.

April 1, 2022
"17th International Estate Planning Institute," hosted by the International Section, Trusts & Estates Law Section of the New York State Bar Association and STEP-NY
Jay Mussman Presented with 2021 Tax Advocate Award by the Legal Aid Society of Palm Beach County
May 7, 2022

Day Pitney Press Release

Leigh Furtado Elected to the Fellows of the American Bar Foundation
April 11, 2022

Trusts and Estates Attorney Leigh E. Furtado has been elected a Fellow of the American Bar Foundation (ABF).

Jay Mussman Commended for Pro Bono Work by Legal Aid Society of Palm Beach County
March 9, 2022

Florida-based Counsel Jay D. Mussman received special commendations from the Legal Aid Society of Palm Beach County, the Florida Supreme Court and the Florida Pro Bono Coordinators Association for his pro bono work in the years 2019 and 2020.

A Work of Art: Preserving Private Foundations by Prohibiting Self-Dealing
February 23, 2022

Day Pitney attorneys Andrew M. Nerney and Anna Rothfus Merin co-authored the article, "A Work of Art: Preserving Private Foundations by Prohibiting Self-Dealing," published by WealthManagement.com.

On the Move
February 1, 2022

Miami Partners Sarah B. Jacobson and Georgia A. Thompson's promotion to partnership were featured in Florida Bar News' On The Move Column.
Related Professionals
Rebecca Tunney
Rebecca Tunney
Boston, MA
T: (617) 345 4632
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