AND DAVID DAVID that SILVERADO withSILVERADO thisCourt, with havingthe PETERSON aacknowledge PETERSON cknowledge thatfact fact to to this having the additional additional dutyto duty observe toobserve it andcomply. itand comply. Despite 18.Despite 18. theseattorneys these attomeys andtheirclients'knowledge POWER thatthe1993MEDICAL and their clients' knowledge that the 1993 MEDICAL POWER OFATTORNEY 15,2013andthattherevocation November wasrevoked was OF ATTORNEY was revoked November 15, 2013 and that the revocation was
EFFECTIVEwhether EFFECTIVEwhethersshe was incapacitated he was or not incapacitatedor not (with presumption (withaa presumption underthe under the
Silverado Appx. 0541 No. 1-15-567-CV 1630 Probate Estates C Probate// Estates of capacity), CourtInvestigator odeofcapacity), Code AndiPPavlicek's InvestigatorAndi avlicek's Report(a Report (amere mere
four days four days after after the the
19.g 19. application uardianship guardianship as served wwas application ononDefendant's served with Defendant's withno doctor'sinput nodoctor's inputor or
informationaboutthe informationabout the estate) states that estate) states SILVERADO that SILVERADO SENIOR SENIORLIVING doesnot LIVING doesnot acknowledge acknowledgethe the November owerof Novemberppower of attorneybecause (they believed)R attorneybecause(theybelieved) UBYlacked RUBY lacked capacity. for SILVERADO,theydo UnfortunatelyforSILVERADO, capacity. Unfortunately they donot have the luxuryofdeciding nothavetheluxury that of deciding that
question because question TexasH because Texas ealthaand Health SafetyC ndSafety ode166.155 Code hasdecided theissueforthem. 166.155 has decided the issue for them.
20.Firstandforemost, theDEFENDANTS allknewthat powerooffattorney 20. First and foremost, the DEFENDANTS all knew thataapower could not attorney couldnot
RUBYPETERSON legally confine RUBY legally againstherwillandadmitthatshe wasbeing PETERSON against her will and admit that shewas held being held againstherwill.Themedical recordsprovided byRUSSJONESfromSilverado Senior against her will. The medical records provided by RUSS JONES from Silverado Senior Living repletewithinstances of RUBYPETERSON cryingandscreaming to go are replete with instances of RUBY PETERSON crying and screaming togo Living are home.DR.MERKL thatshecriedandaskedfora minister tostating inaddition home. DR. MERKL testified that she cried and asked for a minister in addition to stating she wanted she wanted to home. DEFENDANTS go home. DEFENDANTS never to go took issue with thefact that RUBY never took issue with the fact that RUBY wanted wanted out ofSILVERADO SENIOR LIVING. Instead,RUSS JONES tried totwist out of SILVERADO SENIOR LIVING. Instead, RUSS JONES tried to twist whatRUBY meantwhenshesaidhome.Buthomewasn'ttheonlyplaceRUBY wanted what RUBY meant when she said home. But home wasn't the only place RUBY wanted to Sherepeatedly toldSILVERADO ANDDEFENDANTS thatshewantedto goto to go. go. She repeatedly told SILVERADO AND DEFENDANTS that she wanted to go to churchand wanted tospend time with hersons outside ofSILVERADO'S walls. Each church and wanted to spend time with her sons outside of SILVERADO'S walls. Each timesheasked,testimony thatCAROL actedtogether ANNandSILVERADO time she asked, testimony confirms that CAROL ANN and SILVERADO acted together to denyherthisright. to deny her this right. 21.SILVERADOcarriedoutCAROL ANN'SINSTRUCTIONS to deny the 21.SILVERADO carried out CAROL ANN'S INSTRUCTIONS to deny PLAINTIFFS the rightto evenseetheirmotherforsixweeksbetween November 15,2013andChristmas right to even see their mother for six weeks between November 15, 2013 and Christmas ofthatyear - only allowingvisitation to resumeiftheyagreedto signanonerous Rule of that year - only allowing visitation to resume if they agreed to sign an onerous Rule llAgreement onthe eve ofChristmas under emotional duress. 11 Agreement on the eve of Christmas under emotional duress. 22.ThisCourt,at DEFENDANTS' falsepromptings,statesthatactionsof