accountof account disbursements, receipts, disbursements, andother and other actions ofthe actionsof attorney the attorney
infact in agentthat oragent fact or includes thatincludes thesource the sourceandnature and natureofeach of receipt, each receipt, disbursement, disbursement,
action,with or action, or withreceipts receipts of andincome ofprincipal and income shown separately; shownseparately; (4) listingof (4) aa listing of
all property all propertyover whichthe overwhich in fact attorneyin the attorney factor oragent hasexercised agenthas exercised control that controlthat
N includes: includes: (A) (A) an adequate an adequate description ofeach description asset; and(B)theasset's of each asset; current and (B) the asset's current
value, ifthevalue value, if isknown the value is theattorney tothe known to attorney infact in oragent. fact or (5)thecashbalance agent.(5) on the cash balance on
handandthe andlocation nameand hand and the name location of thedepository of the whichthe at which depository at thecash cash balance is balanceis
kept;(6)eachknown kept; (6) each known liability; and(7) liability;and otherinformation anyother (7) any andfactsknown information and to facts known to
the attorneyin the attorney factor in fact agentas oragent asnecessary necessary for fulland foraa full and definite understanding definiteunderstanding of of
the condition exactcondition the exact ofthe of property the property belonging belonging tothe to principal. theprincipal. (c)Unless (c) directed Unless directed
otherwise otherwise bbyythe principal,the the principal, attorneyiinn fact the attorney fact or or agent shallalsoprovide agentshall also provide tto the o the alldocumentation principal all regarding documentation regarding theprincipal's the principal's property.
83 TheTexas DurablePower of AttorneyAct,TexasEstatesCode751.001 Powerof 83 The Texas Durable Attorney Act, Texas Estates Code 751.001
governsDurable governs Powers of Durable Powers Attorney.In of Attorney. 1993,Ruby In 1993, executedthis Ruby executed Powerof this Power of
Aattomey, Aattorney, declaring iit declaring t to to be "unlimited be "unlimited in nature. in Basedupon nature.Based completetrust." uponcomplete trust." 1993Durable 1993 DurablePower Power ofAttorney. of Attorney.
84 Plaintiffs Plaintiffs allegeand allege andwould thatCarol provethat would prove andDavid Carol and theirduties breached David breached their duties
of disclosure, of disclosure, accounting accounting anddisbursement. and Sec.751.105. disbursement. Sec. Failure 751.105. Effect of Failure to 18 18
Silverado Appx. 0195 No. 1-15-586-CV 3231 Suit.[TPC§489B(g)] Comply; Suit. states: ""If [TPC §489B(g)] states: If the the attorney in fact attorney in fact or failsor agentfails or agent or refuses to to inform theprincipal, informthe principal, provide documentation, providedocumentation, deliveran or deliver or accounting anaccounting under 751.104 w Section751.104 underSection ithin60daysof within demandunder 60 days of aa demand thatsection, underthat longer oraa longer section, or
or periodas or shorter period demanded asdemanded bytheprincipal by or ordered the principal or byaa court, orderedby theprincipal court,the principal
may suitto: may file suit to: Compel tthe (1)Compel (1) attorneyin he attorney factor in fact agentto or agent to deliver theaccounting deliverthe the or the accounting or
assets; or assets;
(2)Terminate (2) Terminate the ofattorney. powerof the power attorney. 85 Plaintiffs Plaintiffs allegeand wouldprove allege and would prove that Rubyand that Ruby theyhave and they sustained havesustained substantial substantial damages damages aas proximate s aa proximate rresult esultof CarolandDavid's of Carol and David's breach of trust breachof trust and/orbreach