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C) The durable power of attorney was ineffective because it was revoked after the decedent became ill and the arbitration agreements, therefore, were unenforceable.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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Asha & Tiana Channel · Accepted Answer

Final Answer : E, Explanation :  The durable power of attorney was effective, and the agreements to arbitrate disputes involving the facility would be upheld, indicating that the authority granted by the durable power of attorney included entering into arbitration agreements.

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