91awas notan an extensionofthefederalRuleandshould not be citedas extension of the federal Rule and shouldnotbecited assuch,yethedoes such, yet he doesanyway. anyway. Theforeoing asserted inbadfaithwithintentional distortion ofknownfacts nd was asserted in bad faith with intentional distortion of known factsaand The foregoing was law. Moreover,the questionof whetherPLAINTIFFShave standingPOST- law. Moreover, the question of whether PLAINTIFFS have standing POST- SETTLEMENTagreementwhereSILVERADO wasnot SETTLEMENT agreement where SILVERADOwas notaaparty partyto this contract,nor to thiscontract, nor thirdparty doesnotrenderlegitimate claimsillegitimate particularly where third party beneficiary, does not render legitimate claims illegitimate particularly where theagreement isarguably voidforillegality. the agreement is arguably void for illegality.
Silverado Appx. 0432 No. 1-15-567-CV 1435 The Texas Health TheTexas Health andSafety Code regarding and Safety Code regarding M edical Medical Powersoof Powers fAttorney Attorney 0 provides providestthat hatonlythe only the principal terminate aa medical can terminate principal can power of medicalpower of attorney, attorney,can can
revoke even ifincompetent revoke even if incompetentandwithout and without rregard egardto competency,and to competency, oncerevoked, andonce revoked, a thedocument is terminated the document is terminated a ndcannot and cannot b beerevived revived b byyaa settlement agreement. Sec. settlement agreement. Sec. 166.155. 166.155. T hisis This trueas is particularly true RubyPeterson, who astotoRuby is presumed who is presumed competent competent
under under tthe heTexas TexasE statesCCode Estates odeuntil eterminedby untilddetermined jury byaa tobe juryto incompetentbyclear beincompetent by clear
and convincing evidence. and convincing evidence.Forthis reason, tthe For this reason, heCourterredallowing RussjJones Court erred allowing Russ onesand]ill and Jill
Young to signthe Young to sign the agreement agreement o onn Ruby's Ruby's behalf. Ruby RubyPetersonis necessaryparty Peterson isaanecessary party absent absent ffrom romtheRule11and the Rule 11 and cannot cannot eeven reviveaaterminated venrevive powerof terminatedpower ofattorney. attorney.
Tex.H Tex. ealthaand Health ndSafety SafetyC ode1166.155. Code 66.155. Sec.166.155.REVOCATION. Sec. 166.155. REVOCATION.(a) Amedical power (a) A power of of attorneyisis revoked revoked by: by: (1) (1) oral writtennotification anytimeby or written notificationatatany oral or theprincipal time bythe tothe principalto the agent agent or licensedor certified or aa licensed or certified health orresidential healthor are provider residentialccare provideror or by other act evidencing any other act by any evidencingaa specific specific intent to revokethe intentto revoke the power, power, withoutregard to whetherthe principalis competentoor without regard to whether the principal is competent r the the principal'smental state; principal's mentalstate; (2) executionby the principalof subsequentm (2) execution by the principal of aa subsequent edical powerof medicalpower of attorney; attorney; or or (3) the divorceof the principaland spouse,ififthe is the (3) the divorce of the principal andspouse, spouse isthe thespouse principal's agent, unlessthe medicalpower of attorneyprovides principal's agent, unless the medical power of attorney provides otherwise. otherwise. (b) A principal'slicensedor certifiedhealth or residentialcare (b) A principal's licensed or certified health or residential care
Silverado Appx. 0433 No. 1-15-567-CV 1436 providerwho provider whoisis informedof or providedwith informed ofor provided withaa revocationofofaa
power of medical power of attorneyshallimmediately attorney shall immediatelyrrecord ecordthe therevocation revocationin in
theprincipal's the principal'smedical medicalrecord recordandgive and givenotice noticeoof ftherevocation the revocationtothe to the
agentand any knownhealthandresidential agent and any careproviders known health and residentialcare providerscurrently