rights, 11.Section 166.155oftheTexasHealthandSafetyCodeunambiguously provides theabilityto 11. Section 166.155 of the Texas Health and Safety Code unambiguously provides the ability to revoke MEDICALowerof attorneywithoutregardto mentalstatusor competency, suchthat revoke aa MEDICAL ppower of attorney without regard to mental status or competency, such that
personcan aa person thesame revokethe canrevoke sameeven if incompetent.Tex.Health.Saf.Code166.155. A even if incompetent. Tex. Health. Saf. Code 166.155. A MEDICAL is not'DURABLE' powerof attomey likeits becauseit does MEDICAL power of attorney is not 'DURABLE' like its financial counterpart, because it does notbecome effective until personiissdeemedincapacitated.Forthisreason,"Durable Powerof not become effective untilaaperson deemed incapacitated. For this reason, "Durable Power of Attomey" necessarily means"Financial PowerofAttorney," notmedical. Attorney" necessarily means "Financial Power of Attorney," not medical.
Silverado Appx. 0602 No. 1-15-567-CV 2081 12. T 12. heTexas The Coderregarding and Safety Code Texas Health and egardingMedical of Attorneyprovides Medical PowersofAttorney providesthatonly that only the the principal can power of can terminate aa medical power canrevoke of attorney,can evenifif incompetent revokeeven incompetent and without rregard andwithout egardto competency,and to competency, once revoked, and once revoked,the the document is terminated documentis terminatedaand nd cannotbe revived by aa settlement cannot be revivedby greement.SSec. settlement aagreement. ec.166.155. This isparticularly 166.155.Thisis particularlytrue astoto trueas
RubyPeterson, Ruby Peterson, w hoispresumed who competentuunder is presumedcompetent the Texas Estates Code untildetermined ndertheTexasEstatesCodeuntil determined
by by a jury to a jury beincompetent to be by clear incompetentby andconvincing clearand evidence.AAreviewof convincingevidence. caselaw review ofcase law concerningtherights concerning the rights o the disabled andincapacitated offthedisabled and incapacitatedto refusem torefuse edical medical supportsthis treatmentsupports treatment this premise premise andbased upon the and based upon Amendment, 5thAmendment, 14thAmendment, the 14th aswell 5th Amendment,as wellas the Constitutional as the Constitutional Right o Privacy. Right tto Privacy. Forthis reason,tthe For this reason, Court erred allowingRRuss heCourterredallowing ussJonesandJillYoung tosignthe Jones and Jill Youngto sign the
agreement agreementononRuby's Ruby's b ehalf.Ruby behalf. Petersonis Ruby Peterson necessary partyabsent isaa necessary absentfrom theRule11and from the Rule 11 and
cannot even revive cannot even revive aa terminated powerooffattorney. terminatedpower attorney.Tex. HealthandSafetyCode166.155. Tex. Health and Safety Code 166.155.
Sec. 166.155. REVOCATION. Sec.166.155. REVOCATION.(a)Amedical owerof (a) A medicalppower ofattorney is attorney is revoked revoked by: by: (1)oral or writtennotification (1) oral or written notificationaat t any timebythe principalto the any time by the principal to the agent licensedr certifiedhealth orraa licensed oor agent o healthor residentialcareprovider or residentialcare provideror or by any otheractevidencing by any specificintentto revokethe power, other act evidencingaa specific intent to revoke thepower, withoutregardowhether without regard tto theprincipal iscompetent whether the principal is competentor the or the principal'smentalstate; principal's mental state; (2)execution bytheprincipalof subsequent medicalpowerof (2) execution by the principal ofaa subsequent medical power of attorney; attorney; or or (3)thedivorce oftheprincipaland if the spouseisthe the divorce of the principal andspouse, (3) spouse, if the spouse is the principal'sagent,unlessthemedical powerofattorneyprovides otherwise. principal's agent, unless the medical power of attorney provides
otherwise.
Silverado Appx. 0603 No. 1-15-567-CV 2082 (b) A principal'slicensed (b) A or certified principal's licensedor or residentialcare certified healthor provider whoisis careproviderwho
informedoof informed f or providedwith or provided revocationoof with aa