one than one
hourwith hour PLAINTIFFS withPLAINTIFFS and that the existence of anddetermined thattheexistence of aapower ofattorney power of attorneyalonemeant alone meant thatno that guardianship noguardianship should should b beegranted- - - with granted--with both knowing bothknowing thetime atthe at oftheir time of objection their objection that that
- NOMEDICAL NO MEDICAL POWERPOWER O OFFATTORNEY EXISTED d ATTORNEY EXISTED ueto due Section to Section 166.155 166.155 oftheTexas of the Texas
Health a Health ndSafety and theNovember Code,the Safety Code, November 15, revocation 2013revocation 15,2013 executed executed byRUBY by PETERSON RUBY PETERSON
(withsaidrevocation (with disputed),andthefactthatRUBY neverdisputed), said revocation never PETERSON and the fact that RUBY PETERSON didnot did notexecute execute aa
MEDICAL MEDICAL POWER POWER OFATTORNEY OF ATTORNEY after revoking afterrevoking the1993 the 1993 POA granted POAgranted CAROL toCAROL to ANN ANN
MANLEY ANDDAVID MANLEY PETERSON. AND DAVID PETERSON.
9. Afterunanimously 9. After agreeing tthat unanimously agreeing hatA POWER A POWER OFATTORNEY OF wasthe ATTORNEY was leastrestrictive theleast restrictive alternative alternative to RUBYPETERSON to RUBY PETERSONand with knowledge that andwithknowledge that no validMEDICAL no valid of powerof MEDICAL power
attomey attorney existed, existed, JONES, JONES, YOUNG YOUNG AND PACHECO ANDPACHECO fraudulently concealed fraudulently concealed thisfact this fact to the to the
Courtand/or Court openlydeceived and/oropenly the Court w deceived theCourt when PACHECO stated henPACHECO stated at the closing d at theclosing ayofthe day of the
Injunction Injunction Hearing Hearing thather that herclients hadaa "DURABLE clients had "DURABLE MEDICAL MEDICAL POWER POWER OF OF
Silverado Appx. 0531 No. 1-15-567-CV 1620 10.ATTORNEY," 10. ATTORNEY,"knowing knowing thisclaim this claim to befalse. to be SCHWAGER false. SCHWAGER provided provided articlewritten anarticle an written by by
PACHECO PACHECO citing citing Tex. andSafety Tex. Health and 166.155 Code166.155 Safety Code demonstrate todemonstrate to thatDEFENDANTS' that DEFENDANTS' had MEDICAL noMEDICAL had no ofattorney powerof power attorney DURABLE orDURABLE or POWER POWER OF ATTORNEY byvirtue OFATTORNEY of by virtue of
therevocation PACHECO andPACHECO was intentionallydefrauding the revocation and was intentionally defrauding thetribunal the tribunal inviolation in violation ofthe of the
ethicalstandards ethical standards governing governing attorneys. RUSSJONESlater attorneys. RUSS admittedthat JONES later admitted thatno MEDICAL noMEDICAL Il POWER OFATTORNEY existed afterNovember 15,2013,threatening to recommend POWER OF ATTORNEY existed after November 15, 2013, threatening to recommend
guardianship, whichwas in reality, theonly optionavailable availableatthat pointto eitherparty. toeither guardianship, which wasin reality, the only option at that point party.
11.B 11. iaswas Bias evident was evident thehearing asthe as hearing began began inRUSS in RUSS JONES' questioning JONES' questioning ofDR. of MERKL, DR. MERKL, wherein wherein JONES emphasizes emphasizes hhow ow important importantiit t is for family is for familymembers members to bepresent to be duringexpert presentduring expert medical medical evaluations evaluations forRUBY'S competency for RUBY'S competency (asCAROL (as ANNwas CAROL ANN present waspresent withRUBY) with RUBY)to to
help help them acceptthediagnosis them accept the diagnosis and not beindenial and not ofher"dementia." be in denial of Seetranscript her "dementia." See ofChris transcript of Chris
Merkl's Merkl's testimony, testimony, attached attached heretoand hereto andincorporated hereinby incorporated herein byreference. reference.
12.Yet, 12. Yet,when whenititcame timefor cametime forMOVANTS'