the facts pleaded. pleaded. TRCPRule 9la. TRCP Rule 91a. ARGUMENT ARGUMENT A. Plaintiffs inthiscase. havestanding A. Plaintiffs have standing in this case. 8 havestandingtopursueclaimsonRuby'sbehalf,andthiscaseshould Plaintiffs 8 Plaintiffs have standing to pursue claims on Ruby's behalf, and this case should not be dismissedfor wantof subjectmatterjurisdiction.Plaintiffsbringsuit on not be dismissed for want of subject matter jurisdiction. Plaintiffs bring suit on Ruby'sbehalfas nextfriendandattomeys-in-fact. Claimsbroughton Ruby'sbehalf Ruby's behalf as next friend and attorneys-in-fact. Claims brought on Ruby's behalf forlackofstanding. shouldnotbe dismissed should not be dismissed for lack of standing. 9 AlthoughRuby executeda durablepowerof attorney,whichincludeda 9 Although Ruby executed a durable power of attorney, which included a medicalpowerof attorney, in 1993,thatpowerof attorneywasexpressly revokedon medical power of attorney, in 1993, that power of attorney was expressly revoked on November 15,2013,andtherevocation wasrecordedinthe publicrecordsof November 15, 2013, and the revocation was recorded in the official public records of Texas.3 HarrisCounty, Harris County, Texas.
Silverado Appx. 0213 No. 1-15-586-CV 3349 Thereis 10 There 10 ubyhad hetherRRuby evidencewwhether is conflictingevidence to executea acontract had capacitytoexecute contract
0 in November2013. inNovember the T However, the 2013. However, exas Texas Healthand Health Safety Code,Section 166.155 and Safety Code, Section 166.155
provides ofaamedical or revocationof providesffor of attorneyasasfollows: power ofattorney medicalpower follows: (a) Amedicalpowerooff attorneyis Sec. 166.155. REVOCATION. Sec.166.155. REVOCATION. (a) A medicalpower attorney is revoked by: revoked by: (1) oralor written notification (1) oral or notificationat atany timeby the to the any time by the principal to the CO agent raalicensed agentoor r certified licensedoor health residential certified healthor careprovideror or residential care provider or by otheract evidencing intentto revokethe power, any other act evidencingaa specific intent to revoke the power, by any withoutregard to whetherthe principalis competentor the without regard to whether the principal is competent or the mentalstate. principal's principal's mental state. of medicalpowerof attorneysignedby Rubywas therevocation 11 Therefore, 11 Therefore, the revocation of medical power of attorney signed by Ruby was effective"withoutregardto whetherthe principalis competentor the principal's effective "without regard to whether the principal is competent or the principal's Rubydoesnothaveagentspursuantto anymedicalpowerof mentalstate.Presently, mental state. Presently, Ruby does not have agents pursuant to any medical power of attorney. attorney. factquestionsremainwhetherRuby'sexecutionof newdurable 12 Additionally, 12 Additionally, fact questions remain whether Ruby's execution of new durable powersof attorneyonNovember 15,2013waseffective.Construing contested facts powers of attorney on November 15, 2013 was effective. Construing contested facts in favorofthe Plaintiffsindicatesthattherevocationof the 1993powerof attorney in favor of the Plaintiffs indicates that the revocation of the 1993 power of attorney on November15,2013was andtheexecutionof newpowersof attorney on November 15, 2013 was effective, and the execution of new powers of attorney werealsoeffective. were also effective. prerequisite 13 Standingis a constitutional to suit. v 13 Standing is a constitutional prerequisite to filing suit. Heckman v Williamson
Silverado Appx. 0214 No. 1-15-586-CV 3350 S.W.3d137,150(Tex.2012). haveallegedthattheypersonally Ciy., 369 369 S.W.3d 137, 150 (Tex. 2012). Plaintiffs have alleged that they personally wrongfulactsand/or resultof Defendants' harm andinjury sufferedharmand asaaproximate injuryas proximate result of Defendants' wrongful acts and/or
omissions. T omissions. To wit, Defendants o wit, retaliatedagainstDonandhis wife,Mackandhis Defendants retaliated against Don and his wife, Mack