revocation f aa medicalpowerof medicalpower attorneyshall of attorney shall
immediately immediatelyrecord the revocationintheprincipal's recordtherevocation medicalrecord in the principal'smedical recordandgivenotice and give notice
oftherevocation to the agent aand of the revocation totheagent ndany any known healthandresidential known health careproviders and residentialcare providers
currently responsiblefor currentlyresponsible theprincipal's forthe principal'scare. Added byActs1991,72ndLeg.,ch. care.Addedby Acts 1991, 72nd Leg., ch.
16, Sec. 3.02(a), eeff. 16,Sec.3.02(a), ff.Aug.26, Renumbered from 1991.Renumbered Aug. 26, 1991. Civil Practice & Remedies from CivilPractice& Remedies
Code Sec. Code Sec. 1 35.005 135.005 and amendedbby andamended Acts1999, yActs 76th Leg.,cch. 1999,76thLeg., h.450, ec.11.05, 450,SSec. .05,eff.Sept. eff. Sept. 1,1999. 1, 1999.
13. The PARTIES ccould 13.ThePARTIES not legally ouldnot legallyagree thataaterminated agreethat owerof terminatedppower attorneyhadvalidity, ofattorney had validity,nnor or could the Court rratify could theCourt atifythe the same. Instead,their same. Instead, nlyoption theiroonly optionw tohave asto was haveRuby RubyPeterson Petersonexecute executeaa
new medical new owerof medical ppower attorney if of attorney if shehadcapacity o do she had capacitytto doso, whichallPARTIESconcedeRUBY so, which all PARTIES concede RUBY
PETERSONlikely PETERSON lacked,though likelylacked, thoughtheycontinue they continueto beboundbythepresumption ofcapacity to be bound by the presumption of capacity untilsuch is made. until such finding is made. R ussJones acknowledged Russ thefactthathe understood themedical acknowledged the fact that he understood the medical
power of power terminated attomeyterminated of attorney w henhe threatened S that he wouldpursue PLAINTIFF when he threatened PLAINTIFFS that he would pursue uardianshiofRUBY guardianship seek PETERSON, of RUBY PETERSON, seekcosts, fees,andsanctions ainstPLAINTIF FSif they costs, fees, and sanctionsaagainst PLAINTIFFS if they theRulell. Neitherthead litems DEFENDANTS haveproduced refused to agree to to agree nor DEFENDANTS have producedany to the Rule 11. Neither the ad litems nor any legalauthoritieswhichindicatethey had the powertotoagree legal authorities which indicate they had thepower to continueusing agree to continue usingaa medical of attorney it because suchlegal terminated/revoked medicalpower was never revoked becauseno power of attorney as if itwas no such legal authorityexists.Consequently, theagreementwasillegal andvoid.Texaslawisclearthatany authority exists. Consequently, the agreementwas illegal and void. Texas law is clear that any illegalagreement isvoidas amatter illegal agreement is void asa oflaw. matter of law. B.LACK OFCONSIDERATION / ILLUSORY PROMISES B. LACK OF CONSIDERATION / ILLUSORY PROMISES 12.The agreement is voidfor lackof consideration - - mutuality of obligation or 12. The agreement is further void for lack of consideration - mutuality of obligation or somethingofvaluegiventoPLAINTIFFS inexchange fortheirpromise to settleclaimsagainst something of value given to PLAINTIFFS in exchange for their promise to settle claims against
Silverado Appx. 0604 No. 1-15-567-CV 2083 them.Consideration consists them. Consideration consists ofeither of benefit either aabenefit thepromisor tothe to ora promisor or detriment a detriment tothe to promisee. thepromisee. See Tamez Transp.,Inc.,155 MotorTransp., Tamezv.v.Southwestern Motor S.W.3d Inc., 155 S.W.3d 564, 571(Tex. 564,571 App.-San (Tex. App.-San Antonio Antonio
2004,no 2004, isaa present no pet.). Consideration is present exchange exchange bargained forin bargained for returnfor in return promise.Roark foraa promise. Stallworth v.Stallworth v. Oil&Gas, Oil & Gas, IInc., nc.,813S.W.2d 492,4496 813 S.W.2d 492, 96(Tex. (Tex. 1991). Consideration 1991).Consideration consistof mayconsist may of
right,interest, someright, some interest, p profit, benefitthat rofit,or benefit to one accruesto that accrues party;or, oneparty; alternatively, or,alternatively, of