hich which ddemonstrate emonstrate that Plaintiffs thatPlaintiffs have have
standing standing bringany tobring to claims anyclaims onbehalf on ofRuby behalfof Ruby Peterson. Peterson.
15.B 15. ecause Because itisclear it romPlaintiffs' is clear ffrom pleadings tobring claims lackstanding thatPlaintiffs anyclaims Plaintiffs' pleadings that Plaintiffs lack standing to bring any
on behalf on ofRuby behalf of the Court does Peterson, theCourt Ruby Peterson, does n not have jjurisdiction othave urisdiction to hear P to hear laintiffs' Plaintiffs' claims, claims,
andtheCourt and must d the Court must ismiss dismiss Plaintiffs' Plaintiffs' suit against suitagainst these Defendants theseDefendants initsentirety. in Heckmon, its entirety. Heckman,
14 Id. SeeOrder See Granting OrderGranting Authority Authority forGuardian for AdLitem Guardian Ad &Attomey Litem & AdLitem Attorney Ad Litem to Execute toExecute Peterson Peterson Rule Agreement 11Agreement Rule 11 Exhibit atExhibit at A,¶2. A,
4835-7047-5552.1
Silverado Appx. 0415 No. 1-15-567-CV 1501 369 at150; S.W.3d see at536 F.3d also, 343 asPlaintiffs isappropriate 369 S.W.3d at 150; see also, Scanlan, 343 F.3d at 536 (Dismissal is appropriate as Plaintiffs
canprove can noset prove no offacts setof standing). facts ttoosupport standing).
B. Silverado B.Silverado RubyPeterson beliable totoRuby cannot be Peterson (or purportedly (oranyone purportedly suingon suing her onher PJ behalf).
16. Silverado 16.Silverado cannot cannot beheld be held liable forrelying liablefor durable uponaa durable relying upon power ofattorney power of attomey and/or medical and/or medical
§751.056; powerofofattorney. TEX. ESTATES CODE §751.056; power HEALTH TEXAS HEALTH AND AND SAFETY SAFETY CODE CODE ?s, §166.l60. §166.160.
17.Specifically, theTexas 17. the Texas E states Estates Code provides Codeprovides inrelevant in relevant part:
If durable Ifaa durable ofattorney powerof power attorney isused, is third-party used, aa third-party who ingood reliesin whorelies faithon good faith on the ofan actsof the acts attomey anattorney infact in oragent fact or performed agent performed inthe in the scope ofthe scopeof power of the power of
isnot attorney is notliable tothe liableto principal. the principal.
§751.056. TEx. ESTATES CODE dditionally,theTexasHealth §751.056.AAdditionally, and Safety Codeprovides the Texas HealthandSafety Code provides
that: that:
Anattending An physician, attending physician, health health residential orresidential or provider, careprovider, care or a person acting oraperson as acting as
an foror agentfor anagent orunder thephysician's underthe provider's orprovider's physician's or control control isnot is subject notsubject to to
criminal criminal orcivil or liability civilliability andhas and engaged notengaged has not inunprofessional in conduct unprofessional conduct foran for an actor act omission oromission ifthe if the act or omission. act or isdone omission.....is ingood done in good faith underthe faithunder terms o theterms off
themedial the ofattorney, powerof medial power attorney, the directives thedirectives ofthe of the agent, andthe agent,and provisions of the provisions of
thissubchapter. this subchapter... .. AND SAFETY CODE§166.l60(b). TEXAS HEALTHAND §166.160(b).
18. During 18.During tthe hecourse ofthe courseof temporary the temporary whichbegan July28,2014and hearing injunction onJuly 28, 2014 and injunction hearing which began on
lastedfor lasted total o foraatotal days, Carol offfive days, Manley testified under Carol Manley under oath that a oaththat care administered allllcare administered to to
RubyPeterson Ruby bySilverado Peterson by Senior