Contract – Rehab Center – Daughter’s Signature – Power of Attorney – Representative Guaranty

Wrightsville Health Holdings, LLC v. Buckner (Lawyers Weekly No. 012-046-17, 8 pp.) (Mark Davis, J.) Appealed from New Hanover County District Court (Melinda Crouch, J.) N.C. App. Unpub.

Holding: Since defendant signed the plaintiff-rehab center’s admission agreement as her mother’s attorney-in-fact, it was – in effect – defendant’s mother who agreed as “representative” to guarantee payment for the care provided by plaintiff. Plaintiff had no contract with defendant individually.

We affirm the trial court’s dismissal of plaintiff’s breach of contract claim against defendant.

The complaint alleged that defendant had agreed that, if any of her mother’s funds were not turned over to plaintiff for payment of her mother’s financial obligations, then defendant would pay from her own resources any unpaid charges due. However, since plaintiff also attached a copy of the admission agreement to the complaint, thereby incorporating the contract as part of the complaint, the court is not bound by the complaint’s characterization of the terms of the contract and is instead able to review the document for itself.