In the Text Case, Penny Garrison V

question 51

Multiple Choice

In the text case, Penny Garrison v. The Superior Court of Los Angeles, plaintiffs sought to sue a residential care facility and avoid the effect of a durable power of attorney by which the decedent's daughter signed agreements to arbitrate disputes involving the facility. Which of the following was the result?

• A) The durable power of attorney was ineffective because it did not grant the holder authority to enter into arbitration agreements and the arbitration agreements, therefore, were unenforceable.
• B) The durable power of attorney was ineffective because it did not specifically give the daughter authority to enter into agreements involving health care and the arbitration agreements, therefore, were unenforceable.
• C) The durable power of attorney was ineffective because it was revoked after the decedent became ill and the arbitration agreements, therefore, were unenforceable.
• D) The durable power of attorney was effective but the arbitration agreements were void as against public policy.
• E) The durable power of attorney was effective and the agreements to arbitrate would be upheld.

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