that Defendants did not rely on the acts of 18 knewor 15,2013becauseDefendants in good faith after November Carol and Caroland David David in good faith after November 15, 2013 because Defendants knew or authority t o actafter the 1993power andCarol Davidand lacked Carollacked should have known shouldhave known thatthatDavid authority to act after the 1993 power
Therefore, Defendant areliabletoRuby. of attorney w ofattorney asrevoked. was revoked. Therefore, Defendant are liable to Ruby. provides: H ealth and Safety Code,Section166.155 Texas theTexas Health and Safety Code, Section 166.155 provides: 19 Additionally, Additionally, the
(a) A medical power ofattorneyis revokedby: REVOCATION. REVOCATION. (a) A medical power of attorney is revoked by: notification atany timeby the principalto the anytime (1) oralororwritten notification (1)oral at by the principal to the certified healthor residential careprovideror orresidential care agent or agentora a licensed licensed or or certified health provider or
Silverado Appx. 0216 No. 1-15-586-CV 3352 by any other by any otheract specificintent evidencingaaspecific actevidencing revokethe power, intenttoto revoke thepower,
without regardtotowhetherthe without is competentororthe whether the principal iscompetent the
principal'smental mentalstate. state. 20 Plaintiffsallege would allegeand reliance Carol thatDefendants' prove that Defendants' relianceon and wouldprove on Carol nderthe1993 uthorityuunder aauthority of attomey not David'sppurported and David's and urported power of attorneywas the 1993power was not faithafterthat powerof revokedon November15, in in good good faith after that power of attomey attorneywas was revoked on November 15, 2013because therevocation asrecorded in thepublicrecordsof Harris 2013 because the revocationwwas recorded in the public records of Harris County,Texas,andDefendants hadexpressnoticeofthatfact. Therefore, County, Texas, and Defendants had express notice of that fact. Therefore, Silverado Silveradocan be held liableto Rubyfor all its wrongfulacts and/or can be held liable to Ruby for all its wrongful acts and/or whichwereperformed omissions, inbadfaithrelianceon the1993power omissions, which were performed in bad faith reliance on the 1993 power 15,2013. onNovember of attorneybeginning of attorney beginning on November 15, 2013. 21 Plaintiffs'claimshave a basisin law, and they shouldnot be 21 Plaintiffs' claims have a basis in law, and they should not be dismissedbecause eachofPlaintiffs' claims, taken astrue,together with dismissed because each of Plaintiffs' claims, taken as true, together with inferencesreasonablydrawntherefrom,entitlePlaintiffsto the relief inferences reasonably drawn therefrom, entitle Plaintiffs to the relief can be held sought,i.e., 1) Plaintiffshavestanding,and2) Defendants sought, i.e., 1) Plaintiffs have standing, and 2) Defendants can be held liablefor theirbadfaithrelianceona medicalpowerof attorneythathad liable for their bad faith reliance on a medical power of attorney that had beenrevokedas a matterof law. Therefore, dismissalis not appropriate been revoked as a matter of law. Therefore, dismissal is not appropriate becausePlaintiffscanprovefacts,whichwouldentitlethemto relieffrom because Plaintiffs can prove facts, which would entitle them to relief from Defendants. at150.7 369S.W.3d Defendants. Heckman, 369 S.W.3d at 150.
Silverado Appx. 0217 No. 1-15-586-CV 3353 PRAYER PRAYER
PREMISESCONSIDERED, WHEREFORE,PREMISES WHEREFORE, respectfully the CONSIDERED, Plaintiffs respectfully request the kx Living,Inc.,TanaMcMillan andLinda Court Courttto of SilveradoSenior deny the motionof o denythemotion Senior Living, Inc., Tana McMillan and Linda
Lavinson in itsentirety. Lavinsoninits alsorequestthat entirety. Plaintiffs alsorequest theCourt taxcostsagainst the that the Court tax costs against the shouldissueif not timelypaid. Plaintiffspray for