Likening the power to enter into an arbitration agreement to settlement or contracting powers, a Florida appellate court has held that a broadly-worded power of attorney grants authority to an attorney-in-fact to enter into an arbitration agreement on another's behalf.

In Jaylene, Inc. v. Moots, No. 2D08-707, 2008 WL 4181140 (Fla. Ct. App. Sept. 12, 2008), Crisson executed a power of attorney in favor of Moots. Approximately seventeen months later, Crisson was admitted to a Jaylene nursing home facility. Upon admission, Moots signed admission documents on Crisson's behalf, including an arbitration agreement. After Crisson passed away, Moots asserted claims on his behalf under Fla. Stat. § 400.022 (Florida's nursing home resident rights statute). Jaylene moved to compel arbitration of the claims. The trial court denied the motion, deciding that Moots did not have the authority as attorney-in-fact to enter into the arbitration agreement.

On appeal, the Court found Moots did possess the power as attorney-in-fact to bind Crisson to the arbitration agreement at the time of admission. According to the Court, the language in the power of attorney "was virtually all-inclusive," gave "full power and authority to act on [Crisson's] behalf," and was to "be construed broadly as a General Power of Attorney." While the document did not specifically enumerate the power to agree to arbitration, the Court noted the document did not purport to give an exhaustive list of powers.

Furthermore, the Court found powers to settle claims and enter contracts were expressly included, lending support to the argument that the power of attorney did authorize Moots to consent to arbitration.

Finally, the Court noted that nothing in the durable power of attorney statute prohibited an attorney-in-fact from entering arbitration agreements. Fla. Stat. § 709.08 (Florida's durable power of attorney statute).

Together, all these factors led the Court to conclude that Moots validly bound Crisson to arbitrate his claims. Therefore, it reversed the trial court's decision with instructions to compel arbitration.