in the Matter of the Guardianship of Doris L. Tipps

ACCEPTED
05-14-01495-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/27/2015 12:00:00 AM
LISA MATZ
CLERK

5th Court of Appeals
FILED: 07/31/2015
Lisa Matz, Clerk
13:18:41
CAUSE NO. 05-14-01495-CV
RECEIVED IN
5th COURT OF APPEALS
DALLAS, TEXAS
7/27/2015 10:58:00 AM
In the LISA MATZ
Clerk
COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
DALLAS, TEXAS

IN THE MATTER OF THE GUARDIANSHIP OF DORIS L. TIPPS

Appealed from Cause No. PR-13-03072-3
In the Probate Court No. 3 of Dallas County, Texas
Honorable Judge Michael E. Miller, Presiding

APPELLANT'S COMBINED REPLY BRIEF

FIRST, APPELLEE REPLY BRIEF - THOMAS TIPPS
SECOND, APPELLEE REPLY BRIEF - CUMBERLAND TRUST, AND
THIRD, APPELLEE REPLY BRIEF - SENIOR CITIZENS
OF GREATER DALLAS d/b/a/ "SENIOR SOURCE"

Steven Tipps, Pro Se Appellant
5015 Addison Circle
Addison, Texas 75001
(214) 223 6358
Fax (254) 731 2522
Email: casingscientific@gmail.com
casing@prodigy.net

Page i of 103

Document Page 1 of 240
 IDENTITY OF PARTIES AND COUNSEL
The following is a list of all parties as well as the names and addresses of all
counsel.
Appellant Counsel:

Steven Tipps Steven Tipps, Pro Se Party
5015 Addison Circle
Addison, Texas 75001

Appellant: Counsel:

Doris L. Tipps W. Thomas Finley
Finley Law Group,
5500 Preston Road, Suite 390
Dallas, Texas 75290

Cumberland Trust & Investment Co. Counsel:

Appellee: Alvin J. Golden
Laurellen Ratliff
lckard Golden Jones, P.C.
400 West 15th Street, Suite 975
Austin, Texas 78701-1646

Senior Citizens of Greater Dallas, Counsel:

d/bla Senior Source John H. Phillips
Boone, Boone, & Phillips
Appellee: 4313 Lovers Lane
Dallas, Texas 75209

Counsel:

Thomas Tipps Jeffrey Cook
Adam Barela
Sullivan & Cook, L.L.C.
Appellee: 600 E. Las Colinas Blvd
Suite 1300
Irving, Texas 75039

Page 2 of 103

Document Page 2 of 240
 INDEX OF AUTHORITIES

CASES-

Armstrong v. Manzo, 380 U.S. 545, 552 (1965) [G v. K] ............3, 14, 35, 68, 77, 167

Beverly Enterprises-Arkansas, Inc. v. Circuit Court of Independence County 238
S.W.3d (2006).................................................................................................3
Cayton v. Moore, 224 S.W.3d 440 Tex.App. - Dallas 2007, no pet..3, 14, 65,72,167

Champion Int'l Corp. v. Twelfth Court of Appeals, 762 S.W.2d 898, 899
(Tex.App. - Houston [1st Dist. 2006, no pet.]..................................3, 16, 67, 72, 167

Clarendon Nat'l Ins. Co. v. Thompson, 199 S.W.3d 482, 494 (Tex.App. -
Houston [1st Dist. 2006, no pet]...........................................................3, 35, 65, 167

Cran v. Hale, 745S.W.2d 129 (1988) (Ark)........................................3, 13

Davidson v. Great Nat'l Life Ins. Co. S.W. 2nd 312 (TEX. SUP. CT) 1987 ...

Downer v. Aquamarine Operators, Inc. 701 S.W.2d 238, 241-42 (Tex. 1985)

Goldberg v. Kelly, 397 US254, 268, 90 S. Ct.....35, 14, 16, 28, 35, 54, 64, 66, 65, 71, 77

Grannis v. Ordean, 234 US. 385 , 394 (1914).........................................3, 14, 67

Greene v. McElroy, 360 U.S. 474, 496-497............................................3, 15, 69

ICC v. Louisville & N. R. Co., 227 U.S. 88, 93-94 (1913)..................3, 15, 36, 68

State v. Nelson, 246 Ark, 210, 438 S.W.2d (1969)................................3, 53, 167

Walker v. Gutierrez, 111S.W.3d 56, 62 (Tex.2003).....................3, 15, 51, 64, 167

Willner v. Committee on Character & Fitness, 373 U.S.96, 103-104........3, 15, 35, 68

TEX. PRACTICE AND REMEDIES CODE, Section 51.014

Page 3 of 103

Document Page 3 of 240
State of Texas Due Course of Law Congruent with federal Due Process of Law

Anthony v. State, 209 S.W.3d 296 (2006) (37)......................................4, 17, 163

Brantley v. Texas Youth Commission, 2011, 365 S.W.3d 89 (2011) (17) ........4, 18, 162

City of Fort Worth v. Park, 2011, Tex. APP. LEXIS 5725 (2011) (14) ..4, 17, 67, 77, 162

Collins v. Texas Natural Resource, 2002, 94 S.W.3d 876 (2002) (16) ..............4, 163

Dallas County v. Gonzales, (2006) (17) ............................................ .4, 17, 162

Ewing v. Act Catastrophe -Texas LC, 375, S.W.2d 545 (2012) (16) ...........5, 17, 162

Fleming v. State, 376 S.W.3r{
attorney previously signed by me.

7. Acknowledgement of Disclosure Statement. I have been
provided with a Disclosure Statement explaining the effect of this document. I
have read and understand the information contained in the Disclosure
Statement.

I sign my name to this Medical Power of Attorney on this tenth day of
September, 2013, at Dallas, Dallas County, Texas.

Doris Lee Tipps

Medical Power of Attorney Page 2
¥

Initialed for Authcntici1y

10

51
Document Page 150 of 240

----------------------------------
 Statement of First Witness

I am not the person appointed as agent by this document. I am not
related to the principal by blood or marriage. I wou)d not be entitled to any
portion of the principal's estate on the principal's death. I am not the attending
physician of the principal or an employee of the attending physician. I have no
claim against any portion of the principal's estate on the principal's death.
Furthermore, if I am an employee of a health care facility in which the principal
is a patient, I am not involved in providing direct patient care to the principal
and am not an officer, director, partner, or business office employee of the
hea1th care facility or of any parent organization of the health care facility.

(Print Na
¥MbfC 10, UJG
"'(Pate) i _·-
~J N'ov~ vtt(~tt~lfes ,we"'ve,
.{Address)
J)er\\cis, ,e~s 151/JT-~126
(City and State)

Signature of Second Witnes~

~nntlvdtg~;'Jk6 -:,-s Iez.
(City and State)

933380_1

Medical Power of Attorney - Page 3
lnilialed for Authenticity
ad;Y-s:l"
O.LT.

11

52
Document Page 151 of 240
 CAUSE NO. PR-13-3072-3
D ORIGINAL
GUARDIANSHIP OF § IN THE PROBATE COURT
DORIS LEE TIPPS, § NO. 3 OF
fNCAPACITATED § DALLAS COUNTY, TEXAS

ORDER TO REVOKE AUTHORITY OF AGENT

On the 21 ' 1 day of October, 2014, the PETITION TO REVOKE AUTHORJTY OF AGENT
filed by SENIOR CITIZENS OF GREATER DALLAS dlb/a The Senior Source, Guardian of the
Person of DORIS LEE TIPPS, an Incapacitated Person, (the "Ward") on June 2, 2014, was heard
and considered by the Court, and after hearing and considering the pleadings filed herein, testimony
given and arguments, the Court finds that a conflict exists between the powers granted the Guardian
of the Person and the powers claimed by STEVEN V. TIPPS under a medical power of attorney from
the Ward, that is not in the best interest of the Ward and may be detrimental to the health and proper
care of the Ward, and that the authority of STEVEN V. TIPPS under a medical power of attorney
fyom be Ward should be revoked.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the authority of
STEVEN V. TIPPS under any medical power of attorney from the Ward, DORIS LEE TIPPS, is
hereby revoked.

SIGNED this f.--' ~fOctober, 2014.

f'R--\3-0aG'l2~3
Cl)OR
--
OROER
TIPPS GUARDIANSHIP - ORDER TO REVOKE AUTHORITY OF AGENT
CAUSE NO. PR-13~3072-3 - Page Solo
:-iiiiim1111111111t
Document Page 152 of 240
_J
\ . -. . .. - --·-· · -----~. ···-·-"··---·. . -···~---,. . . --.·. ---·· · . . _. . - . - . . . - . - FIL ED
oS-1"'1-ol'-\'lt-CV ISJAN-1
IJ!Wtfll
A~l:_1 '
No. PR-13-3072-3
tiiirvW~RR N'l_
DALLAS do~~~~
In the Matter of the In the Probate Court
Guardianship of No.3
Doris L. Tipps Dallas County, Texas
Notice of Appeal
Steven V. Tipps, pro se Appellant, gives notice of his intent to
appeal the trial court's Order Granting Motion to Accept Resignation,
Discharge Trustee and Reinstate Trustee signed on October 21, 2014.
This appeal is taken to the Fifth Court of Appeals in Dallas, Texas

~ctfully submitted, •

(.x:t..:: ~ 1;
Steven V. Tipps
~!
5015 Addison Circle ~ ~
Addison, Texas 75001 c :i
214-223-6358 [";; YI
800-358-6866 J g
Fax 254-731-2522
Email: casing@prodigy.net
casingscientific@gmail.com

PR-13-03072-8
.. ·: ... CNA 1
........ ·'.""'> NOTIC[ - APPEAL

i[iil~illllil\l\lllll Document Page 153 of 240
54
..... . .. .;, .,., ......-........ ·- ........... ............... _... _ ...
, , , .... ~· ~-·~······-- .. , .............. · ~ ..... -·-··· -· .................._.._ ...... .

Certificate of Service
I certify that on November 19, 2014, a true and correct copy of the
foregoing Notice of Appeal was sent by electronic email, by certified
mail, return-receipt requested, and by facsimile transmission to the
following counsel of record.

Jeffrey Cook
Lisa Leffingwell
Sullivan & Cook, L.L.C.
2301 Cedar Springs Road, Suite 200·
Dallas, Texas 75201-7837

Alvin J. Golden
Katherine C. Alcine
Ikard Golden Jones, P.C.
400 West 15th Street, Suite 975
Austin, Texas 78701-1646

Steven V. Tipps

2

55
Document Page 154 of 240
 v.
CASE EXCEPTS - De Ayala v. Mackie

Document Page 155 of 240

--- - --�-- �
 COMBINED APPELLANT REPLY BRIEF
TO
THREE APPELLEE REPLY BRIEFS

CASE EXCERPT

In DeAyala v. Mackie, the Texas Supreme Court states:

"Probate proceedings are an exception to the "one final judgment" rule; in such
cases, "multiple judgments final for purposes of appeal can be rendered on certain
discrete issues." Id. at 192. The need to review "controlling, intermediate decisions
before an error can harm later phases of the proceeding" has been held to justify
this rule. Logan v. McDaniel, 21 S.W.3d 683, 688 (Tex.App.-Austin 2000, pet.
denied). Not every interlocutory order in a probate case is appealable, however,
and determining whether an otherwise interlocutory probate order is final enough
to qualify for appeal, has proved difficult."

"In the past, courts relied on the "substantial right" test to decide whether an
ostensibly interlocutory probate order had sufficient attributes of finality to confer
appellate jurisdiction. See, e.g., Huston v. F.D.I.C., 800 S.W.2d 845, 848
(Tex.1990); Estate o(Wright, 676 S.W.2d 161, 163 (Tex.App.-Corpus Christi
1984, writ refd n.r.e.). Under that standard, once the probate court adjudicated a
"substantial right," the order was appealable. That phrase soon became a fruitful
source of litigation as appellate courts struggled to delineate its parameters. Eleven
years ago, we attempted to clarify appellate jurisdiction in this complex area. See
Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex.1995) (acknowledging that "our
language heretofore has been somewhat ambiguous")."We noted that, while
adjudication of a "substantial right" was one factor to be considered, equally
important was our earlier precedent requiring that the order dispose of all issues in
the phase of the proceeding for which it was brought. Id. at 782-83. To sidestep
"potential confusion" about the appropriate test for jurisdiction, we adopted this
test:

"If there is an express statute, such as the one for the complete heirship judgment,
declaring the phase of the probate proceedings to be final and appealable, that
statute controls. Otherwise, if there is a proceeding of which the order in question
may logically be considered a part, but one or more pleadings also part of that
proceeding raise issues or parties not disposed of, then the probate order is
interlocutory."
Page 97 of 103

Document Page 156 of 240
 "Id. at 783. Recognizing the inherent difficulties in applying any test to determine
appealability, we urged parties to seek severance orders to eliminate ambiguities
about whether the order was intended to be final and appealable. Id. at 783
(explaining that "[l]itigants can and should seek a severance order either with the
judgment disposing of one party or group or parties, or seek severance as quickly
as practicable after the judgment")."
Moreover, under Crowson, the trial court's order was interlocutory because it did
not dispose of all parties or issues in a particular phase of the proceedings. Because
an order denying a plea to the jurisdiction and refusing to remove an executor does
not end a phase of the proceedings, but sets the stage for the resolution of all
proceedings, the order is interlocutory. See, e.g., Fischer v. Williams, 160 Tex.
342, 331 S.W.2d 210, 213-14 (1960)
"The Legislature enacted the statute permitting interlocutory appeal of orders
overruling motions to vacate orders appointing receivers or trustees in 191 7, and
the provision remains substantially unchanged today. See Act of March 30, 1917,
35th Leg., R.S., ch. 168, § 1, 1917 Tex. Gen. Laws 379, 379 (now codified at TEX.
CIV. PRAC. & REM. CODE§ 51.014(a)(2))At no time during the statute's almost
ninety-year history have we held that it applies to a motion to remove an estate's
executor. Our statement in Bailey - that an administrator is designated trustee of
estate property - referred to the administrator's obligation, as holder of legal title
to the estate's property, to pay ad valorem taxes accruing during administration.
Bailey, 862 S.W.2d at 583, 586. It did not equate an executor to a trustee for all
purposes, and there is no evidence that the Legislature intended to permit
immediate appeals of orders refusing to remove estate executors. Accordingly, we
conclude that section 51.014(a)(2) does not permit Ayala to pursue an
interlocutory appeal of the trial court's order."1 5

Page 98 of 103

Document Page 157 of 240
VI. CASE SUMMARIES

Document Page 158 of 240
a. TEXAS PROCEDURAL DUE PROCESS CONGRUENT WITH

FEDERAL PROCEDURAL DUE PROCESS

Document Page 159 of 240
 COMBINED APPELLANT REPLY BRIEF
TO
THREE APPELLEE REPLY BRIEFS
CASE SUMMARIES

Texas Procedural Due Process congruent with federal Procedural Due Process

1. In the area of procedural due process, the protections afforded under the
Texas Constitution are congruent with those provided by the Federal
Constitution.

See Price v. City o{Junction, 711 F. 2d 582, 590 (5th Cir. 1983); cf University
o{Texas Med. Sch. v. Than. 901 S.W.2d 926, 930-31 (Tex. 1995) cert. denied,
528 499, 499 U.S. 1160, 120 S. Ct. 1171, 145 L. Ed.ed 1080 (2000).
2. Generally, procedural due process requires notice and an opportunity to be
heard.

Brown v. University o{Texas Health Ctr., 957 W.W.2d 911, 915 (Tex. App.-
Tyler 1997, no writ).

3. Procedural due process involves basic notions of justice and fair play. The
sufficiency of procedures must be judged in light of the parties, the subject
matter and the circumstances involved.

Id. GeneHarmonFordv. DavidMcDavidNissan, Inc., 997 S.W.2d298, 312
(Tex. App.-Austin 1999, writ denied).

The sufficiency of procedures must be judged in light of the parties, the
subject matter and the circumstances involved.

Id. (quoting Brewer v. Austin lndep. Sch. Dist. 779 F.2d 260, 263 (5 1h Cir. 1985

Page 99 of 103

Document Page 160 of 240
b. TEXAS DUE COURSE CLAUSE CONGRUENT WITH

FEDERAL DUE PROCESS CLAUSE(S)

Document Page 161 of 240
 COMBINED APPELLANT REPLY BRIEF
TO
THREE APPELLEE REPLY BRIEFS

State of Texas Due Course of Law congruent with federal Due Process of Law

"While the Texas Constitution is textually different in that it refers to "due course"
rather than "due process", we regard these terms as without meaningful distinction.
Fleming v. State, 376 S.W.3rd 854 (2012) (35)

"Due process at a minimum requires notice and an opportunity to be heard at a
meaningful time and in a meaningful manner."
Tex. Comm. On Env. Quality v. Denbury Onshore, LLC, Texas. App. LEXIS 7177
(41)

"The Supreme Court of Texas has stated that the language of the Due Course of
Law Clause of the Texas Constitution and the Due Process Clause of the United
States Constitution is nearly identical" and that there is no meaningful distinction
between "due course" and "due process".
Richard v. Dretke, Tex. App. LEXIS 2261 2009 (20)

In analyzing a claim of deprivation of procedural due process, we apply a two-part
test: we must determine ( 1) whether the plaintiff had a liberty or property interest
entitled to procedural due process; and(2) if so, what process is due.
Dallas County v. Gonzales, (2006) (17)

The Due Process Clause does not mandate the parties be heard at the arbitration
hearing; rather, the Due Process Clause requires that the parties be given a
meaningful opportunity to be heard at the arbitration hearing.
Ewing v. Act Catastrophe-Texas LC, 375, S.W.2d 545 (2012) (16)

--holding that although Texas Constitution refers to "due course" rather than the
U.S. Constitution's "due process", the phrases are not meaningfully distinct and
federal due process are persuasive authority when interpreting Texas's "due
course" guarantee.
Brantley v. Texas Youth Commission, 2011, 365 S.W.3d 89 (2011) (17)

The "due course" clause in our state constitution requires the same level of "due
process" as the federal constitution.
City of Fort Worth v. Park, 2011, Tex. APP LEXIS 5725 (2011) (14)

Page 100 of 103

Document Page 162 of 240
What process is due is measured by a flexible standard that depends on the
practical requirements of the circumstances.
Collins v. Texas Natural Resource, 2002, 94 S.W.3d 876 (2002) (16)

At a minimum, due process requires a person who may be deprived of a liberty or
property interest to be provided notice and an opportunity to be heard at a
meaningful time and in a meaningful manner.
Anthony v. State, 209 S.W.3d 296 (2006) (37)

Page 101 of 103

Document Page 163 of 240
c. DAVISON V. GREAT NAT'L LIFE INS. CO.

CASE REFERENCE SUMMARIES

Document Page 164 of 240
 COMBINED APPELLANT REPLY BRIEF
TO
THREE APPELLEE REPLY BRIEFS
CASE SUMMARIES
Davidson v. Great Nat'I Life Ins. Co. (TEX.SUP.COURT)
Confrontation and Cross Examination

1. Texas Employers Ins Assoc v. Garza, 308 S/W.2d 521, 527
(TEX.CIV.APP) Amarillo 1957, writ refd n.r.e.

"This court, as have many others, has held that right to cross-examine a
witness is a substantial one, and it is error to so restrict it as to prevent the
cross-examining party from going fully into all matters connected with the
examination in chief'.

2. Texas & N.O.R. Co. v Barham, 204 S.W.2d 205, 214 (Tex.Civ.App.-Waco
1947, no writ)
"... prompted reversal because the trial court did not allow full development of
facts which might have placed him (appellant) in a more favorable light before
the jury."

3. Murray v. Morris, 17 S.W.2d 110, 111 (Tex. Civ.App.)-Amarillo 1928, writ
dism'd
"saying: The purpose of cross-examination is to sift and to modify and to
have the witness explain what has been said on his direct examination, and if
the witness by this process can be discredited and the weight of his testimony
weakened, the right should not be denied.

4. Pecos & N.T. Ry. Co. v. Porter, 156 S.W. 267, 274-275 (Tex.Civ.App.) -
Amarillo 1913, no writ)).

The court went [*479] on in Pecos to say, "A witness may be cross
examined as to his examination in chief in all its bearings and as to whatever
goes to explain or modify what he has stated in his examination in chief, and
prejudice will be presumed where this right is denied."

Page 102 of 103

Document Page 165 of 240
d. TEXAS ABUSE OF DISCRETION CASES

Document Page 166 of 240
 COMBINED APPELLANT REPLY BRIEF
TO
THREE APPELLEE REPLY BRIEFS

CASE SUMMARIES - TEXAS ABUSE OF DISCRETION

A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner
or without reference to any guiding rules or principles. Walker v. Gutierrez, 111
S.W.3d 56, 62 (Tex.2003).

A trial court has no discretion in determining what the law is or in applying the law
to the facts. Cayton v. Moore, 224 S.W.3d 440 Tex.App. - Dallas 2007, no pet.
An abuse of discretion occurs if the trial court clearly failed to analyze and
determine the law correctly or applied the law incorrectly to the facts. Id.

The test for abuse of discretion is whether the trial court acted without reference to
any guiding rules and principles. Downer v. Aquamarine Operators, Inc. 701
S.W.2d 238, 241-42 (Tex. 1985)

When we determine whether the trial court abused its discretion, we may not
substitute our judgment for that of the trial court unless its decision was so
arbitrary that it exceeded the bounds of reasonableness. Clarendon Nat 'I Ins. Co.
v. Thompson, 199 S.W.3d 482, 494 (Tex.App. - Houston [1st Dist. 2006, no pet].

A trial court has broad discretion and we may not disturb its ruling absent manifest
abuse of discretion. Champion Int'! Corp. v. Twelfth Court ofAppeals, 762
W.W.2d 898,899 (Tex. 1988; TEX.R. CIV.

Certiorari lies to correct proceedings erroneous upon the face of the record when
there is no other adequate remedy. It is available in the exercise of super intending
control over a tribunal which is proceeding illegally where no other mode of
review has been provided. Certiorari lies where there is a want of jurisdiction or
an act in excess in excess of jurisdiction which is apparent on the face of the
record. (State v. Nelson, 246 Ark, 210, 438 S.W.2d (1969).

Page 103 of 103

Document Page 167 of 240
 VII.

APPLICATION FOR APPOINTMENT OF TEMPORARY

GUARDIAN OF THE PERSON AND ESTATE

OF

DORIS L. TIPPS

Document Page 168 of 240
>,,.

Ll ORIGINAL
- CAUSE NO. ft213-;;o12. -3 A~~~
IN THE GUARDIANSHIP OF § IN THE PROBATE COURT
2tfG'sEP -i. PH 2= ,.
§ JOr;;i F. WARREN
DOJUS LEE TIPPS, § OF COUNTY CLERK
§ DALLAS COUNTY
AN ALLEGED INCAPACITATED PERSON § DALLAS COUNTY, TEXAS

APPLICATION FOR APPOINTMENT OF
TEMPORARY GUARDIAN OF THE PERSON AND ESTATE

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES THOMAS RICHARD TIPPS and files this Application for Appointment of

Temporary Guardian of the Person and Estate of DORIS LEE TIPPS, an Alleged Incapacitated

Person, ("Proposed Ward 11 ) and respectfully shows the Court as follows:

l. That Proposed Ward, DORIS LEE TIPPS, is an adult female whose date of birth is

November 11, 1922. Her address is Lakeview at Josey Lane, 2105 North Josey Lane, Carrollton,

Dallas County, Texas 75006-3027, and citation may be served at this address. She is a resident of

Dallas County, Texas.

2. Applicant THOMAS RICHARD TIPPS desires to be appointed Temporary Guardian of

the Person and Estate. He resides at 1 Beach Drive SE, St. Petersburg, Florida 33701. He is a son

of the Proposed Ward. Applicant was named by Proposed Ward in her Declaration of Guardian, a

copy of which is attached hereto.

3. Applicant seeks Temporary Guardianship of the Person and Estate of Proposed Ward as it

is necessary for the protection and welfare of the Proposed Ward. Applicant believes that a

Temporary Guardianship would be in the Proposed Ward·s best interest and that there is imminent

danger that the physical health or safety of the Proposed Ward will be seriously impaired unless the

Court takes immediate action to appoint Applicant as Proposed Ward's Temporary Guardian. In

,\Pl'!.JCA TION FOR APPOINT:\1ENT OF THlPORARY Gl .ARDIAj'IS OF THE P~RSO:'\A:\D ESTA TE - Pagr

PR-13-03072-3
CLG
APPLICATION (OCA - NEW CASf FILEU)
264383

l IIHllllllflllflHf~IIIJ~
Document Page 169 of 240
addition, the Proposed Ward is making poor financial decisions and said decisions are contrary to the

Proposed Ward's long-standing expressed wishes. The Proposed Ward is unable to care for herself

and her finances.

4. The Proposed Ward is incapacitated. It is requested that the Proposed Ward receive such

protection and assistance as necessary to protect the person of the Proposed Ward and that the all

powe -s be granted to Temporary Guardian as provided in the Texas Probate Code, including the

following:

To sign all medical release for the Proposed Ward;

To authorize all medical and dental treatments for Proposed Ward;

To apply for all public, private and governmental benefits available for medical care, dental care
and living arrangements for Proposed Ward, and to file insurance claims for Proposed Ward;

To make all decisions regarding Proposed Ward's living arrangements and to execute all
agreements, releases, authorizations and contracts necessary to provide such living
arrangements; and

The power and authority to gain access to the Proposed Ward's medical records.

To take any and all actions necessary to collect, preserve and protect the estate of Proposed
Ward, and to incur costs necessary and execute any contracts necessary for such collection,
preservation, and protection;

To take possession of all assets of whatever kind and nature in the estate of Proposed Ward and
to collect all monies due to Proposed Ward's Estate;

To gain access to Proposed Ward's home and all financial, medical, legal, and other records;

To conduct all estate, trust and financial transactions, including spending estate/trust funds,
closing and opening accounts in Proposed Ward's name, closing and opening accounts held in
trust for Proposed Ward, negotiating checks and instruments payable to Proposed Ward, and any
other financial and estate transactions with Proposed Ward's bank, brokerage service, savings
and loan, credit union or other financial institution; and

To sell, convey, or otherwise dispose of personal property in Proposed Ward's Estate.

APPLICATION FOR APPOINTMENT OF TE\lPORAR\'Ji~ '..\RDl..\:"i~ OF nn: l't;;RSO!"i AND £STAH: - Pagr 2

6
Document Page 170 of 240
 Further, Applicant requests that the Court enter an Order that the Proposed Ward lacks the power

to execute estate-planning documents pending the Temporary Guardianship.

5. The Proposed Ward is currently incapacitated as a result of dementia of unknown

diagnosis. The Proposed Ward is unable to properly care for herself and there is imminent danger

that the physical health or safety of the Proposed Ward will be seriously impaired and her finances

jeopardized.

6. Applicant executed a Power of Attorney naming Applicant, THOMAS RICHARD

TIPPS, as her Agent.

7. Both of the Proposed Ward's parents are deceased. Proposed Ward's surviving siblings

are::

BERNICE EVERITT
1322 Jacinth Drive
Weslaco, Texas 78596

ELIZABETH COGDILL
3918 Corral Canyon Road
Bonita, California 91902

8. Her husband, THOMAS V. TIPPS, predeceased her, having died in October, 2005, and

she is not married.

9. The Proposed Ward has four children born to or adopted by her, as follows:

THOMAS RICHARD TIPPS, Applicant
DOB: October 2, 1946; Adult
1 Beach Drive SE
St. Petersburg, FL 33701

GLENDA DELL JORDAN
DOB: August 25. 1944; Adult
P.O. Box 792
Battle Mountain. Nevada 89820

APPLl<;ATJO:,O: FOR APPOINTMENT OF TE~1PORA8\' GL\RDIA:"iS OF rm; Pt:RSO" A:-.D ESu.n; · Pae, 3 .

7
Document Page 171 of 240
 SALLY JOYCE FINK
DOB: October I, 1948; Adult
709 S. 501h Street
Renton, Washington 98055

STEVEN VINSON TIPPS
DOB: November 20, 1950; Adult
3210 E. Beltline Road, #146
Carrollton, Texas 75006

10. Most of Proposed Ward's assets are held in Trust. However, there are the following

assets held outside the Trust:

Cash on deposit at Bank of America as of the filing of this Petition: $500.00 (approx)

2000 Lincoln Town Car and 1998 Ford Aerostar Van

Personal Property located in apartment

Monthly income: $12,584.00 from rentals, retirement plans, annuities, social security and
investments, transferred into Trust monthly

11. This Court has venue over these proceedings because the Proposed Ward is a resident of

Dallas County, Texas.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that the Court consider this

Application for Appointment of Temporary Guardian of the Person and Estate of DORIS LEE

TIPPS; that notice and citation be issued as required by law; that an Attorney Ad Litem be

appointed to represent the interests of the Proposed Ward; that a time for hearing on this application

be set; that on hearing that THOMAS RICHARD TIPPS be appointed Temporary Guardian of the

Person and Estate of the Proposed Ward; that Letters of Temporary Guardianship be issued to

THOMAS RICHARD TIPPS as Temporary Guardian of the Person and Estate on taking the oath

and giving bond as required by law; and Applicant prays for such other and further relief to which he

may be entitled .

.-\PPI.ICATIO;", FOR APPO!i',Tl\-11::i'\T OF Tf.:\IPORAR\' Gl".-\RDIAi\S OF Tl![ Pl::RSO:'\ A'.'ID ESTA TE - Page-
4

8
Document Page 172 of 240
 Respectfully submitted,

COOK, L.L.C.

Je ey Cook
State Bar No. 04734495
Lisa Leffingwell
State Bar No. 12158575
2301 Cedar Springs, Suite 200
Dallas, Texas 75201
(214) 520-7494
(214) 528-6925 (fax)
ATrORNEYSFORPLAINTIFF

APPLICATION FOR AfPQ[NTMENT OF TEMPORARY GUARDIANS OF THE PERSON AND ESTATE· Page
5

9
Document Page 173 of 240
STATE OF FLORIDA §

COUNIY OF e{1....,,,//K, §
§

BEFORE ME, the undersigned Notary Public, on this day personally appeared THOMAS
RICHARD TIPPS, who, being by me duly sworn on his oath, deposed and said that he has read the
above and foregoing Application for Appointment ofPenn anent Guardians of the Person and Estate
and that the allegations contained therein are within his personal knowledge to be true and correct.

SUBSCRIBED AND SWORN TO)IEFORE ME by THOMAS RICHARD TIPPS
on this, the ~ day of ~ \ , 2013 .

• ~
• '
MY~~
EXPMB: Aclrll 8, 2017
liCIICled 'nru Notayi'd; UnderwrleB
NkMAL

bPPUCATlON FOR APtpJNJr,1ENT OF Ttr,b1P<>llARY G1JARDIANi.on11K PKRSON AND ESTATE· Pne 6

10
Document Page 174 of 240
 Declaration of Guardian in the Event of
Later Incapacity or Need of Guardian
I, DORIS LEE TIPPS, make this Declaration o f ~ to operate if the need for a guardian for
me later arises.
l. I designate my son, THOMAS RICHARD TIPPS, to sen·c as guardian of my
person. In addition; I appoint my daughter, GLENDA DELL JORDAN, to serve as
first alternate guardian of my person.

2. I designate my son, moMAS RICHARD TIPPS, to serve as guardian of my
estate. In addition, I appoint my daughter, GLENDA DELL JORDAN, to serve as
first alternate guardian of my estate.
3. If any guardian or altemate guardian dies, does· not qualify, or resigns. the next
named altcmatc guardian becomes my guardian.

4. I expressly disqualify the following person from serving as guardian of my person:
STEVEN VINSON TIPPS.
S. I expressly disqualify the following·person from serving as guardian of my estate:
STEVEN VINSON TIPPS.

I, DORIS LEE TIPPS. as Deetarant, after beiDg duly swom, declare to the undersigned witnesses
and to the undersigned authority that this instrument is my Declaration ·of Guanlian in the Event of
Later Incapacity or Need of Ouaniian. and that I have made and executed it for the purposes
expressed in the declaration. I now aign this declaration in the presence of the attesting witnesses
and the undersigned authority-on this 19th day of July, 2012.

DORIS LEE TIPPS, Declarant

The undersign~ Sari Northcutt and RDbin Clarko, each being J4 years of age or older, after being
duly sw~ declare to the Declarant and to the undersigned authority that the Declarant declared to
us that this instrument is the Declarant's Declaration of Guardian in the Event of Later Incapacity or
Need of Guardian and that the Declanmt executed it for the purposes expressed in the Declaration.
Tho Dcclarant then signed this declaration and we believe the Dcclarant to be of sound mind. We
new sign our names u attesting witnesses on this 19th dayofJuly, 2012.

Witness Witness
Print Name: Sari Northcutt Print Name: Robin Clarke

Document Page 175 of 240
 CIVIL CASE INFORMATION SHEET
CAlJR Nl/MUR (FOR Cl.EU USE ONLY): ~ '0-:"" ~] 1. 3 COURT (FOR CURJ{ l/SE ONLY}:

s~ Po r I s .~ L ---1J.a.~ ~
(e.g.,Jdlll Slllllh v. All.Amerieui ~ Qe Mary ADii Joacs; In the Maaw of the &late ofG~Jelacboa).
-·----
. ·
A civil case information sheet must be completed and submitted when an 11fi$in.i pDtition or application is filed to iniliatc a. new civil, family law, probate or mcatal
. healtb r:a.se or when a post'iUd8meat petition for modi&alion or motion .fbr enforceincm i.s filed in a funily law case. The infomation should be tru: bc:lt ~vailllble et
~~d· . .
Na.ma or Penoa ·or entl If 111eet IJ:
for PlaintiffJPctitioncr
Plaintiff{s)/Pctiti OPro St Plaintifti'Pctidoner ·
OTitle IV-D· Agency
P.fl'ltl "'2 · OOtlter: - - - - - - -
rifuv J.- ·. - - - - - - 1
T,Lld).:>...____,__
V Additional Parties In Cliild Support Case:
Dcfcndant(s)/Respondcnt(s}: · Cusrodi.111 Parent:
{Jprt-s Let:..
Non-Custodial Parent:

Presumed Father:

Pon-Jlldpaat Adiou
Contnict aoa--TftlelV·D
Debt/C:,ntmet Assault/Battery Annulrncnt .Enforcement
0ConswnerlDTPA ()Construction 0Declarc Marriage Void Modific:atioo-CuStOdy
. [}DebtlContract ODcfllmMion Dtvorce 0Modific:alioa--Othcr
OFraud/Mistepresentation Majp_raciit:e qwi~ Childrtn_ _ TideJV-D
OO!her Ocbt/ContraQt O.Accounting ONo Cbildien Enf~odific:ation
(JLogal Paternity
For,c/o.nJn 0Medical tl~(UIPSA)
0Homc Squity-Bxpedited OOthcr Professional 0Support Order
00ther Foreclosure Liability:
t}Franehise llelated to Criminal
Oinsurance 0Motor Vehicle Accidal.t Matten Pal'Cllt-chlld RclltiOm'III
OLandlord/Teoant 0Promiscs xp11t1ction rce Foreign Of»iowAdoptioll with
0Noo-Compctition Pnxluct LflJb1tuy 0Jlldgment-Nisi Judgment Tcrminatton
0P11111Cr$ip 0Asbcstos/Slllca ONon·Disclosurc OHabeas Corpus [JChild Protection
OOtber Connet: 00thor Product Liability OSea:um!Forteiture IJNamc Change ·0Child Support
List Pfoduct; 0Wrlt of Habeas Corpus-- (JProtectivc Order 0Custody rmlnotlon of Mental Retardation• is based on on eKOminati011 mode not earlier than 2-4 months before
the date of the hearing. But If o phy,ldan's diognosb of lntetrectuol disability Is !!S!l. mode In accordance
with Tel«U Httilth li Safety Code§ 593.00S - and the above bo1< is not filled out - the court mey grant a
guordlanshlp opptlcoHon only If the Pl1ysldon's Certificate of Medical Exomlnotl~ ·1s based on on
e1e Texas Probate Code§ 687(c)(A) Et {a)_ ·

1 /n H.B. 1481, the 2011 Legislature directed the Legislature and Texas Legislative Council to avoid using the term "mental
retardation" In new statutes and co change that term as exislfny statutes are otherwise amended. Because the Probate
Code stl(I refers to "mental retardation" as a basis for o guordio.nship, and Health Et Sofety Code ~till requires a
udeterminotlon of mental retardation"(§ 593.001 et seq.), this form quotes that phrase from the statutes when necessary.

PAGE 3 OF4

28
Document Page 184 of 240
 QPHYSICIAN'S CERTIFICATE OF MEDICAL EOATION f,i('visionJune I, zo1i
5. EVALUATION OF CAPACITY
f.2] Y£S ONO·· Based on the information above, it is my opinion that the Proposed Ward is
incapacitated according to the legal definition given at the top of page 1.
If ''YES," please indicate the level of incapacity
O PARTIAL* (8J TOTAL

*if you answered "~O" to all of the questions regarding decision-making in Section 3 (on page 2) and
believe the Proposed Ward is partially incapacitated, please explain:

If you answered "YES". to any of the .questions regarding decision-making in Section 3 (on page 2) and
· believe the Proposed Ward is totally incapacitated, please explain: Ms. Tipps's exectutive funcitoning,
concentration, memory, and general ability to protect herself from undue influence/exploitation
are all deficient. She·feels one of her sons took advantag~ of her for a substantial period of·time.
If true, this shows she cannot protect herself. If it is untrue, she is either deluded or has been
deceived. Either way, it should be apparent she cannot look after her own interests. Regrettably,
Ms. Tipps's prognosis is poor.

6. ABILITY. TO AlTEND COURT HEARING .
If a hearing on a11 application for the appointment of a guardian is scheduled fn court:
O YES rgJ NO -- The Proposed Ward would be able to attend, understand, and participate in the·
hearing.
D YES rgJ NO·· Be<::ause of his or her incapacities, it would not be advisable for the Proposed Ward to
appear at a Court hearing because the Proposed Ward would not be able to
understand or participate ln the hearing.
O YES ~ NO ·- Does any current medication taken by the Proposed Ward ~ffect the demeanor of the
· P.roposed Ward or his or l:ler ability to participate fully in a court proceeding

7. ADDITIONAL INFORMATION OF BENEFIT TO THE COURT
If you have additional information concerning the Proposed Ward that you betieve the Court should be
aware of or other concerns about the Proposed Ward that are not included above, please explain:
Ms. Tipps's memory for her medications is. suspect. However, for what it fs worth, she did not recall
taking cognitive enhnacing medications such as Aricept, Namenda, and Cerefolin NAC. If she is not, .
she could improve with this kind of inte.ryention. Ms. Tipps atso displayed a left upper extremity
piU·rolling tremor. If not already evaluated, this may need to be looked into as welt.

October 17,2013
Physician's Signature Date
J. Douglas Crowder, MD
Physfcian's Name Typed

PAGE 4 OF 4

29
Document Page 185 of 240
- - - - - ··-·----

~(
,
DORIGINAL
NO. PR-13-3072-3

fN RE: ESTATE OF § IN THE PROBATE COURT
§
DORIS LEE TIPPS, § NUMBER THREE OF
§
AN ELDERLY/DISABLED PERSON § DALLASCOUNTY,TEXAS

ORDER ON MOTION FOR
INDEPENDENT MENTAL EXAMINATION
On September 13, 2013, came on to be considered the Motion for Independent Mental

Examination filed by Thomas Richard Tipps. Based on the agreement of the parties, the Court finds

that it is well taken and should be granted.

IT IS THEREFORE ORDERED that Doris Lee Tipps shall, as soon as possible, undergo an

Independent Mental Examination by Jaye Douglas Crowder, M.D., the court-appointed psychiatrist;

IT IS FURTHER ORDERED that the examination shall be conducted with no one else

present other than Doris Lee Tipps and Jaye Douglas Crowder, M.D. and his staff and medical

advisors;

IT IS FURTHER ORDERED that no one communicate with the physician or psychiatrist

prior ~o the issuance of his report except as may be necessary to schedule the examination.

SIGNED on thi~day of September, 2013.

JUDGE PRESIDING

PR-lf-03072-3
COOR
OltOEA
:IOUD66

,1111m1111mm1111111
ORDER ON MOTION FOR INDEPENDENT MENTAL EXAMINATION - Solo Page

25
Document Page 186 of 240
 x.
MENTAL EXAMINATION REPORT

KATHLEEN C. SAINE, Ph.D.

Document Page 187 of 240
 NEURO PSYCHOLOGICAL TESTING

DORIS L. TIPPS

EXAMINER: DR. KATHLEEN SEINE

Document Page 188 of 240

~~·------------------
 FEB-05-2014 09:13 From~972 566 3935
\·
,.
·,

tL
L'.,

':-'·
'
North Texas Neuro-Strokei OP
7777 forest Lane, Bldg C Suite 300
Dallas, Tx 75230
;,
Phone: 972-566-3472
Fax: 972-566-3488

To: From: Dr. David lsaradisaikul
k· .
..
,.
•;,
•.· Phone: Date:

__REPLY

Conflrlentlallty Ntitia!

The 'documents accompartvfng thts tt.insri\lnlan contain conftdentlal prlvl~ lnfonnwun. The information Is the property of
the Hnder and II Intended onty fof use by the Individual or entity named abCM!. The recipient of this lnfvrmation Is pmhlblftd
from distloslng the: contents of the Information tu another party; Jf you are Mlthlf the Intended l'Klplent nor the eniP.loyee or
apnt responsible for delivery to the Intended rec:lplen\, you ate herebt notlt1ed that dlsdolure of contents In any fflll'.I'*' .Is:
strktly prohibited, PleaH notify me lmmedla«!IV If-you n:ce!Yed this lnformatlun In emir.

Document Page 189 of 240
 FEB-05-2014 09:13 From:972 566 3935
. 011:31/2014 11·29 2143739614 PSVOFFICE #2125 P. 002/008

Office of Ronald G. :Paulman, Ph.D. Clinical Neuro12chology
= 1!PF! £?
Ronatd G. Paulman, Ph.D. 9400 N. Central Jb:pwy.. Suite 1211
Clmkal~ Danas. Texas75231-S03l
(214) 373-4688 · 373-9614 (Fax)
JutbJeen C. Saine, Ph.D.
Clinical Neuropsythol.ogy

Nenropsythological Evaluation

Namci: Dom Tipps

Age: 91

D.O.B..: I 1/11122

Handedness: Right

Referral Source: David Isaradisaitul. M.D.

Date Evatnauid: llf.l./1:$ &: 12/16/13

Examiner: Kat.h.leen C. Same. Ph.D.
ldeol.i.licauon!Ra,~11 for Referral:

Ms. .Doris Tipps is a 91-yw-oid Caucasian female with cognitive dee!'* ofunconain duration. Her neurologist Dr.
Da.vid lsaradisallml, has diagnosed her-with mild cognitive imp;lnmmt, but psychiatrist, Dr. Jaye Crowder; has
diagnosed her with seyt.ro domont.ia.. To Gl5ist with dia2[lostic clarification, a neuropsyc:hological evaluation wmi.
requested by Pr. isaradisaikul to objeaively eharacteri~ Ms. Tipp11.i' CUTTP,nt co~itive status. We undorstand that the
question of competence to h1111dla lega.1/flnancial mall.els has been raised as well, ll!'ld lll:!COrdiTJi 1I> Ms. Tipps, care
providers u wet! as filmily mmi~ ruwe o:fRred different opinions. Cuttently. her )'QIIllger son, Mr. Steve Tipps. who
accompanied her to the evaluation, has Medical P~er of AttQrn~·. Tn his presence,. Ms. Tipps agrt:G(l to undergo
Wessmetl~ of'her cogniiivc llbilitiu (inchlding hutnot lim.Ited to attenrl®'i:On.ccnttution. Ianeuaee, problem sowing,
reasoning, and :nemory) for the purpose of diagnostic and treatment plamiin&, wi:lh the understanding that: the finclings
may be subsequently introduced in court to address tb.o quOGuon of her competence to make decisions and handle her
own lffil.irs.

Rti:ords Reviewed:

Relevant~· was obtained from ll rev ic,w nf recOfds pr;>vided by Dr. 1sara.dtsaikul's office (office 1:1ot0s dated
11/2912, 5122113, and 8/1:2/13) and through interviews with Ms. Tipps and her son, Mr. Stove Tipps. Mr. Tipps also
provided the following records: Office note completed by Ann MoJTison PA·C 1nd Joel Holiner, MD dated 11126/12:
and Physician's Certificate ofMediCDJ Exominlltion completed by Dr. Jaye Crowder dated 10/I 7113.

Hi$tory of Present lll.ness & Cur.rent Complaints:

On initial questionini, Ms. Tipps denied cognitive changes beyond what she eo.nsiders norm.a.I for her age. She also
denied experiencing sievere emotional distress, alth¢urh sho Sa.id that 811¢ was stressed about the ongoing qucst;ons
about her compctcmie. She expressed dlsappointrncmt in one of her IOIIS who had allegedly spent some of her money on
a trip ovOf"..eas. She an.id that sbo h119 chanaed hor will and has decided to leave her e~l..l!li;:: to h~r other scm, but hm-
decision 1o do so is being contested. Spa:ifically, sh!:! said that ber older son wants to have her declared incompetent to
that the reoentwill is ma.do nuU and. void.

Physically. Ml;. Tipps' current complaints include numbDcss or loss of feelings in her fi1Jgon. She also conrplamcd of
.frequent left ftonml headaches. When que$tioncd atloui llor heallh problems, Ms. Tipps said she did not know whai she
had. She knew she was takine medications, but could not recall their names. When th~ were read to her, she had

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Neinvpll)'chologic:al Eval\lati.on
Dori$ TiJ>ps
--Page2 of7

1rouble saying what each medication was for. She denied reoent change in weight and appetite. and also denied sleep
.problems.

Currently. Ms. Tipps lives in a two bedroom two batfl apartment at Lakeview, a retirement community. She said th4t ~he
goes downstairs fot nre&ls, and does everything else on her own. Her medications are stt oot in a tray, and zl'ie believes
1hat she is adh.oront to hc::r treatment regimen; ber son did not contradict ber. Her son said tbm a. nurse checb in on a
weekly or bi-weekly basis. She alt:<> has a.ida from Mom'• Best Friends who come in for 12-holIT overnight shifts. She
is on portable oxygen and. h11$ b=il ,aiog a oebulizer as well She wears an alert button. and knows to preas it if she
needs help.

Medical History;

As noted above, Mt. Tippt we:s wiablc to li.C hot hoalln problems when questioned. According to her son an& availablo
records, m4DCliw history is remarkal,Je for atrial fibrillation, homt fllilure and rccurtont brondiifu/
pneumonia. She was mOSt rccerttl}' .hospitalized from IOl.l9/l3 to 11/2/13 for pneumonia and 1hrush. She a.lso hu
arthriti,, and records show a history of deep vein thrombosis.

Surgeries include placement of a pacemaker. removal of ~in r:Anr:P."r ftnm her upper lip, bltddet suspension, and
.surgeries on her foet,

There i$ .no history of 1igniftc1Jl't head t.tallmll.. Ms. T!pr,s dcn.ied hisl.OIY of dl1lg and al'10hol use. She bas never smoked
tobacco.

Ms. Tipps d~nied hi&to.cy oftn:atmcnt fur ps,Yohiittrjc dlsturbanoo. Howev~. bet son reported thzlt Ms. Tipps was seen
by Ann Morrison, PA..c/Joel Holmer, M D (~,;-lliauist} ou 11126112. Records ofdlat visit show that sho underwi;nt
clinical interview/exam and took computerized "tests lhat screened for symptoms of depression, 1111x:ii:ty ad post.
trauma.~ ~ disorder. The int.erview and test result.$ were apparently intorJ,reted to mean that Ms. Tipps, did not meet
DSM-IV criteria for depreuiOD. dylthymia, anxiety or pQJt.traumadc slfeSs disorder (PTSD), However, mental status
txam apparently revealed abn~I immediate and recent memory, and a pre$umptive di.agnoalt of''Mffltal Disorder
NEC" was given. She was scheduled tw- furthor testing with 1he Mini Mental State Exam (MMSE) on the next visit. It
i.s unelear if she returned for full~np tc:sting.

A CT 1can without contra.st wrted 7113/12 revealed mild diffuse prominence ofventricles and extra IJX.ial space thought
to be consi5tmrt with iigo-~lDd 11Tophy. Low menumon cbanges in tlle periventricular and deep whn:e mar was
thought i;~e8tivc ormJcrovascular ischemla, which had progressed slightly since the previous scan of7/J 3/07. CT
angiography of the cin:l~ of Willis w~ umemarhble, but CT angiography of exi:z'a-cmnial ocrvicol circulation revealed
some atherosclerotic calcification within the aortic: arch.

Ms. Tipps bu boen followed by Dr. l&aradisaikul, neurologist, since 11/29112. At her ':,fllJI3 vi'lit, she had iUI MMSE
score of 23/30. She was dia.anosed with Mild CognitivP. ltnp:,iinnP.nt :mn prescribed Done-pegil. On hff subseq~t visit
on 8/12113, she had an MMSE score of 26./'30. She was to continue with donepezil. and because of concerns about
comp4'tefl~. t"M()fflll to a psych.latrisl wu recommended. Accordmg to MI son, 1\.ltth« cognitive Improvement wu
seen in her most recent follow up with :Or, Isarad.i$aoo.1I when she eame.:1 o. GWfO of 28130 (preowntlbly on the MMSE).

Ms. Tipps w11111pparently ov;Nw;d by peycbiattist. Dr. Jaye Crowder on 10/14/13. The results of that evaluadQJl,
docwnented in a Physician's Ctrtifigam of Medical Examination da~d 10/17/13, wa.11 thought to be consistent with a
KVlrrll dom.onti11. She Wll:l deemed totally incapacitated as. ..her ~ecutive functioning, concentration, memory and
general ability to protect herself from undue Influence/exploitation are all deficient." Dr. Crowder also indicated that
Ms. Tipps did not recall taking cognitive c,han¢m lit d!a.t timo. imd rocommended th1t sho could boncfit frotn these
uiedicatiott!l. Ho~ reoommended follow-up for a left upper- extremity pill-rolling tremor. As noted below, she has
been tak.inz Donepezil, but it is unclesr if she ~ \lndergone folIO\\o'-up fbr the hand tTe-mor.

Ma. Tippa was unable to list tin:: ,nodica.tlons she was taking at the time of this evaluation. According to her son, Mr.
Steve Tipps, she was taking the followin&- Dos.ages were ll.01 specified on some oflhe medications:

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Neuropsychological Bvaluotion
Doris TipJ)I
-Pag~3 of7

Warfarln (Coumadin) .s mg
Aspirin 81 mg
Lasix
Benecar
Danepozil
Albuterol/PulmBCQrt.

Family medical histoty is significant for heart problems in her :father who died following a heart attack at age 69, Rer
mo1he. reportedly died of "neglect'' .it a.gc 87. One slstor has hccn diagnoSfld with dementia; she had a stroke and suffers
ft'om heart disease. Two brothers died of Al2heimer's disease. another died from a mob and he also had a biaia tumor.
The fourth brother had an aneurysm and died of a stroke..

DevelopmentaJ, &dueationa.l, Occupattonat & Social History:

According to Ms. Tipps (wilh additional infonnation provided by her son). she wu born and raised in Denton, Texaa.
Her :falher was a farmcrJjack--of-all-tradcs, and h~r m!'Aher wu a homemaker. Four brothers are deceased; two were
donti!Jtl, ono wa, In lnsi.nnce, and d>e other was in sales. Her 97-year-old sister is a retired tcacbcr who lives in
Weslaco, Tex.as, and ~Cl' 83-year-old sister is a retired hlgh school principle who lives in San Diego.

To her knowledae, Ms. Tjpps is the Jm)duct of a full-term pregnmcy lDJd unoompli~ doliVOJ)', She was prone to
pneumonia. in childhood, but developmenta.l delays wore not rc,portad.. Sha completed high school without difficulty,
and 5\lbscquondy comocl 1.Baobelor's de:ree io Joumalismftom Texas Women's University in 1942. Re!ilides raising
her children., she taught ar the Carrolton Independent School Dimict from the early l S>509 to 1976.

Mi, Tipps was married to an .iutcmal revenue agent. who :reportedly di~ 6 )"illr3 ago· of"old ~ 1111.d 11omeehing else."
She said that they had been good friends since hlS}, sebool and \VeNI married tor "many years." Ms. Tipps said trutt llbe
hu ii. tol:41 of l 8 children. grand.cbildren and gra:1:jJrandcliildren, all of whom she had made provisions f'or in I will. She
gave the names of he: 4 children, when they were born, where they live., and their m.artc:al srams. Her ,on suppHed
medi,;al hisb;JI)·. Ms. Tipps sa.id that her 69·year-okl daughter is married, and lives in Nevada where she works as m
"11:ist Her 67-year-o Id son i$ a. retired marketing executive who lives in Florida with his fmnily. Ho has a hard condition
11nd had a defibrillator placed, but is otherwise heatthy. Her 6,.cyea:r·old daughter i3 a chW'ch organist who resides with
her family in WuhingtQn Stde. She has Lymes disease and an unspecified autoimmune disorder. Her 63-year-,old son
who accompanied her to the evalllZll:ion is single, and dcseribed himself M an ontropl'Ollcur. He has arthritis.

Ms, Tippa' oldot soo had boon CO-TIU8'et of her assets until recontl)r, whm the cowt ordered appointment of a corporate
1:l'U!tl!e. Power-of-attciffle}' h!!S been gtm,t'ed. to her younger son, who will <1Ssume guardjanshlps should she bo doemcd
i.ngomp$twlt co mona.,si., hw 11.fmin. She '°1Jo mo that lho I\Da 1avorcl ront hou:ies i.n the colony, owns one tree farm, hu
interest in another, arid owns a home on Hood Street where her younger son lives. She has some investmenrs 8$ well,
bur could not rccal..l details.

Clh•kal Prese»bitiou:

Ms. Tipps presented 10 the evaluation iJ:t fa&hionablo attiro, with good hygiene and grooming. She walked slowly and for
short dl1tanoos using~ rolling walk.er. She had portl!ble oxygen, which she used throughout the evalwrtian. She had a
'°
mild le.fl hand tremor, bl.It Wat al>IO carry out llimds-on tulc& without lipinc;.mt difficulty, Vision was a-dequate for
testing. However, she was hard ofhearing, and the ex.rutiiner had to raise her voice and use visual cues when approprla.le
and not prohibited by standardized procedures. Spee¢b w" normal for tone, volume and inflection. but noticeable for
frequent word-finding diffleult.iea_ She Wl.darstood instructions, but would get eonfu$ed or forget wh~ shq wai r~uired
to do. Mood was reponed to be euthymic., while affe¢t wti eo.n.Qruent. TIIOUQl'ltprocesses were generally logical and
pl-oift1.:w", though she sometimes returned to topics that had been discussed during lni!ial lnterview. Thought content
was unremarlcable., v.i;ith no e'fidence of delulion.s or 1uicidal/homicidAI idmtiom- She nlso deniad hal111cinations.
Records indicate tha(she may lmvc had dclu:.iol18 (ofhl!llging out with thi= Queen of England) some time in the pasl

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Neuropsychological ~-aluation
Doris Tipps ·
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Ms. Tipp, was alert: Bt1d cooperative with the initial interview, but when questioned,. she acknowledged nm $he was
tired, S."'ld she was also recov~ing from a toc.cnt buut of pnc:wuouia. Whe11 option.s we1 e offered, she dioi;e to defer
tl!!sting to maximize pcr,ssibility for giving optimal perfunmmce. She subsequently returned 2 weeks fullowing the
inf.erview, and testing ~as completed without incident. Throughou.t the evaluation. she was pleasant and cooperative,
and appeared 10 pm ~rm oonsistcm ~ffort. We wm able to obtain a valid sampling of her ~ent functioning,
However, interpretati(??I cf tho reaults is challcngq as th~ a.re limited nonm for her age group. Compared to younger
Individuals, her resultj; may appear severe though the level of impairment does not take into account the impact cf
aaing.

Tests Adminmered: i

Rewrds .Revlciw
Clinical Interview
CoUaiota.l lntervlow i
Neuropsycholo,ay Qu~onnafre
NeuropsychologicaJ ~ptom Checklist
Wecllsler Adult Intelligence Scale - Fourth Edition (WAIS-IV) selected subt:ests
Test Qf Pmnotbid Fr.mctiotring
Dementia Rating Sea~ - 2
Trail Making Test i
WiscOtllin C::ud Sorting Ttsl
Controlled Oral Word Association
Category Fluency
Boston Naming Test !
Cloek Drawing :
Callfomla Verbal Lespiing Test- Second Editi..,nize what she C?uld not recall. This pattmn is indicative of an arnnestio disorder.

Motor Skills; Screpning of motor skills revealed Jntact alternating hand movements, ~ut she hod difficulty ~c(;uting
3·stcp motor $eCJuenqes with !!lither h11nd. She was able to do the sequmcq with verbal guldance. Motor fnhibition to
verbal commands ~ within nonnaJ lim1ts, and ideomotor and ideational praxis were intact.

Emotiooal Funcuonrng.:

Ms. Tippt endorsed C,,W symptoms on an lnvemory of cloprosaivo symptoms. This is consisrem with her interview
presentation. She dewed experiencing significant distress. However, she reported that she has trouble with dcieision~
muing and her mind is not as clear before. On further review of her emotional status, Ms. Tipps expressed eoncem mat
qu1stions hive been nuHd a.bout her capacity to mKO dociliou and choice1 11:>out what she wants to do with her
poS$eMions and ~ - She expresad disappoinwmt with one of her sons, and indicated disgruntlement with what he
had supposedly dono,aplnst bet wieha. M~I st.a.Ills exam revealed no evidenCI!: of'psyeho,ii; though records indicate
possible delusional tl}inking in the past.

Funetio11.1H Skills: :

Ms. Tipps.' ability l.Oul the cheek sho had
wrnll'.n, specifical!y lie 'Pf.y.,G 111d the amount. She also could not recall what she wa:. to do when an alarm sounded.
five mlni.ttes "before, s;he had been instructed to take a spcieific number of candies out from a bottle when the alann
sounded_ Instead, wh~ the alann sounded, she asked ifthe examiner should answer the almm, llnd verbal and visual
Cl.IDS did not holp hCll' romtmbtr what she had been iJistructed to do. In sum, !ICMening revealed moderate impaumcnt of
lADL skills1 &Uggostipg 1hat Ms. Tipps Is requires more guidanee, struCture IWd assistance than ;she i~ rc:ce;ving
currently. '

Smnmar)\ Co,icln1l~n1.1, IJl!.))litatiou .& kecommendations:

Ms. Tipps intellect W!1S pre4icted to be in lhc average range. Howeffl, most C(lgnitive acmams wtSSed were
substantially waakar,:indiG8t.ina a : . ~ t decline from her pte-viou:s level of'functio.n.i.ng. Attention/conoentratio11
varied: Although int.a¢t on simple tasks and for bri.c.fpcrlodit sho tended tv lose track of whaL she was doing or thinking
over J.onae, periodi of fune an<1 when r»sks involved higher l6vol cognitive proces~ r.r integrative thinking. Speed of
processing also varied from mildly to severely impaired. Aspms of executive functions,. including problem solving and
metttal flexibility we,e defective. Ms. Tipps was able to carry on a conversation, but she had word-finding pauses due in
part to reduced thinking speed antl in part to a ruuniDg deficlr (Le_, dys.no.mili). Sho wa also able to comprehet.td 11t1d
amy out simple lnsuµctions, but noodod repetition a11 she forgot or got c o ~ with what she had been asked to do-
Ability t;i cium 1iulilmitics and di.ffe:rences among simple designs was intact, but she had difficulties with spatial
p.lanning/orgmuzatiou. Memory was profoondly impaited. Sbe lwned minimal information. mixed up infomtltion from
difment ixmtimr,, di~ not QOA&ista;i,tly bci:adit from repetition. and rapidly l"or_goL what $he had 1~ed after a bf,ef
. delay. Cu.es did not hielp her recall what sho had !eaffl~ lnlltaad, the ClJe$ elicited intrusion errors (seffl.!lltieo.tly relab:id
buc incorrect lnforn1*ion). keooillklon memory was also no better than spontaneous recall.
Overall, the cogniti"ve profile is Indicative oh mild dementia for someone her age, with milder deficirs in aspeet5 of
&IUQntiOllt Wl8\la&Q, -visuospe.tifll abilitia:i, and pr~essing speed, and more w,ere deficits in memOl)' end Cl«lwtive
:functions.. Screening ioffunctlonal skilli; revealed moderately impaired. instruiriental activlliec uf daily living skills,
.. rc:tloeLing ittl~ ot cognitive defklts or, day-tcHlay functioning. Sho had difti~ltie$ wilh making change, calculating
cllpscd time. cmr)'iDg out written :instructions. md remembering to whom she had written a chmik and fu,. what amount
When an alarm rang ~ minutes after Instructions had been givtn to bet, she could not remember what she hatl been
instru~ to do, s~)fii:ally to cako a ~in number of candies out cf a bottle. Neither visuaJ cues nor qu.....ioning
pmmpted .roeal.L ·

Ms. Tipps' cognitiVOf profile i& fA1ipsUve of a mix~ otiology. Most~ of her cognitive pattern are consist.oat with
that seen ln dementia of1he Alzheimer's type, allhough contrlbutlons of cerebrovascu.12r disease appear prosom.
C03fllti11e varlabilttylllClOSI two sonions spaced 2 weeks Apart AJJo suagests Sllpl';!'imposed impaci: of serious illness, in
this 1n11t111100. pnount9flia. Odlor nouromoclical condttiona. sy,tomic;: and metabolic dis1llrbances will need to be ruled oul,
Non-i.ntcllcctivc factors such w. hearing loss and mOQd/emotiol\$ could not account adequately for the e,,.1:ent 1!!1d
sqvcrity of her dcf'ici15.
i

The cuTTent cognitiv~ findi11gs suggest that Ms. Tipps l.s likely to function best in a strucruted settiJ\g with regular
rnonitorin.g, guidMco, tni:.l l'Ol1dily available l'J.Ssi!lt!lnoe_ Her fimrnion11.l ~ill~ are ot ihe low gnd of the range seen in
seniors residing in e.~isted living facilities. Arnoug cognitive deficits, memory and executive impairment tend t0 have

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Ncwop:sycholo3ica.l Eyciluarion
Doris Tipps
-Page7 of7

1he greatest impact on pnc· s ability to firncticnindependently. Additional dQficitrl in language (in Ms. Tipps' wac.
d)'&nI..O.
Kat111con c. Sa.mo, Ph.D. Ronald G. Paulman, Ph.D.
Clinical Neuropsychelogy Clinical Neuropsychology
I

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 XI. REPORTERS RECORD
OCTOBER 21, 2014 HEARING

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 1

1 CAUSE NO. PR-13-03072-3
2 VOLUME 1 OF 1
3 In re The Estate of )( IN THE PROBATE COURT
4 Doris Lee Tipps, )( NUMBER THREE OF
5 An Incapacitated Person)( DALLAS COUNTY, TEXAS
6

7

8

9 REPORTERS RECORD
10
11
12
13
14

15
16

17
18

19

20

21 BE IT REMEMBERED THAT ON the 21st day of October, 2014,
22 A.O. the above-entitled cause came on for hearing before
23 the HONORABLE COURT, Michael E. Miller, Judge Presiding
24 and the following proceedings were taken down by MACHINE
25 SHORTHAND:

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1 APPEARANCES:
2 W. Thomas "Tom" Finley
3 5500 Preston Rd, Ste 390
4 Dallas, Texas 75205
5 SB: 07025500
6 ATTORNEY FOR DORIS LEE TIPPS, WARD
7 John H. Phillips
8 4313 W. Lovers Lane
9 Dallas, Texas 75209
10 SB: 15935500
11 ATTORNEY FOR SENIOR CITIZENS OF GREATER
12 DALLAS D/B/A SENIOR SOURCE, GUARDIAN OF THE PERSON
13 Mr. Alvin J. "Al" Golden
14 400 W. 15th Street, Ste. 975
15 Austin, Texas 78701
16 SB: 08079000
17 FOR CUMBERLAND TRUST & INVESTMENT COMPANY
18 Mr. Jeff W. Cook/Lisa Leffingwell
19 2301 Cedar Springs Rd, Ste. 200
20 Dallas, Texas 75201
21 SB: 04734500
22 SB: 12158575
23 ATTORNEY FOR THOMAS R. TIPPS, GUARDIAN
24

25 MR. STEVEN TIPPS, PRO SE

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1 W-1-T-N-E-S-S I-N-0-E-X
2 DE CE RD RC FD FC VOL PAGE
3 WITNESSES:
4 KAREN ASHWORTH 16 21 1
5 THOMAS R. TIPPS 23 1
6 THEODORE LUSTIG 29 1
7
8

9
10
11
12

13

14
15
16
17
18
19

20
21
22

23
24

25

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1 P-R-0-C-E-E-D-I-N-G-S
2 THE COURT: Could I have all the attorneys
3 in the case, please state your names one at a time.
4 MR. COOK: Jeff Cook for Tom Tipps.
5 MS. LEFFINGWELL: Lisa Leffingwell, Tom
6 Tipps.
7 MR. GOLDEN: Alvin Golden with Cumberland
8 Trust.
9 MR. PHILLIPS: John Phillips. I represent
10 Senior Citizens of Greater Dallas, D/B/A as the Senior
11 Source, Guardian of the Person for Ms. Tipps.
12 MR. FINLEY: Tom Finley representing Doris
13 Tipps.
14 MR. COOK: -- And that is contested.
15 THE COURT: Is that what we're here for
16 today?
17 HR. COOK: Well, not primarily, Your Honor,
18 although, incidentally, it is because pleadings were
19 filed on Friday purportedly on behalf of Ms. Tipps, so
20 we did file a motion to show authority when that was
21 filed Friday, so that will need to be addressed.
22 The court will recall, you entered an order
23 back on February 17th determining that Doris Lee Tipps
24 was totally incapacitated at that time.
25 THE COURT: Okay.

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1 MR. COOK: And so we have a challenge of a
2 lawyer's authority to step in on her behalf.
3 THE COURT: May I ask how you, in what
4 respect you represent Ms. Tipps?
5 MR. FINLEY: Sure, Your Honor. As the
6 court ordered there was a mediation, and in the
7 mediation all of the parties agreed and the mediation
8 settlement agreement is in the record, it was signed by
9 all the members of the Tipps family as well as approved
10 as to form by the attorneys. As part of the mediation
11 settlement agreement, the claims, particularly, the
12 claims with respect to the motion to show authority, was
13 released and waived by all parties. Secondly -- that's
14 point number one.
15 Point number two, is that the order that
16 the court entered on February 17th, 2014 was
17 interlineated to provide that Ms. Tipps was
18 incapacitated within the meaning of incapacitated under
19 the Texas Estates Code, which does not mean total
20 incapacity, it means only substantial incapacity as
21 defined in the statute, to do certain things.
22 THE COURT: What do you have to say about
23 that?
24 MR. COOK: Well, Your Honor, I have this to
25 say about that, we withdrew the motion to show authority

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 6

1 because at that point the case was settled --
2 THE COURT: This motion, I mean
3 MR. COOK: The prior motion to show
4 authority.
5 THE COURT: -- the prior motion.
6 This is a subsequent motion?
7 MR. COOK: Yes, Your Honor. At that time
8 there was a dispute about her capacity, the court
9 appointed Dr. Crowder, he did an evaluation, found her
10 to be totally incapacitated, we settled the dispute
11 totally, we thought -- and part of that was Scott Weber
12 had been appointed as her ad litem, he was authorized by
13 this court to finalize the settlement on Ms. Tipps'
14 behalf, he went forward and did that. And the court
15 entered its finding that she was totally incapacitated
16 at that point, totally, appointed Senior Source to be
17 the guardian of the person, and then we had an agreement
18 with respect to a new trustee of the trusts. That's
19 actually what we're here on. Because Steve Tipps,
20 because of some interference with that corporate
21 trustee, forced them to resign and they have resigned
22 and now we're here to kind of clean up that mess.
23 The order that you entered on February 17th
24 did not provide any provision for this lawyer to
25 continue as her lawyer after she was found to be totally

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 7

1 incapacitated. In fact the court made a finding that
2 certain documents were her trust documents, no other
3 documents were valid, so we filed a new motion when we
4 found out Friday that this counsel purports to continue
5 to represent her after the court entered its order on
6 February 17th, what happened before that went away
7 because the settlement, what happened after that has
8 become a big issue. He has filed a pleading opposing
9 us, he's filed a pleading opposing Mr. Phillips' relief,
10 allegedly on her behalf; this is new stuff.
11 THE COURT: Is that correct, sir?
12 MR. FINLEY: Well, it's partially correct.
13 I would ask the court to consider what's happened here.
14 We had a Rule 11 agreement that was dictated into the
15 record on September 13th, 2013, that provided that the
16 Tipps Living Trusts would be -- the sole trustee would
17 be a corporate trustee. Then there was a mediated
18 settlement agreement in which, again, all the parties
19 agreed that the Tipps Living Trusts' trustee would be a
20 sole trustee, would be a corporate trustee.
21 So now we come full circle whereby Thomas
22 Tipps is asking to be the trustee again of the Tipps
23 Living Trust in complete contradiction of both a Rule 11
24 agreement and a mediation settlement agreement. Now
25 with respect to the --

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1 THE COURT: We're getting ahead of
2 ourselves.
3 MR. FINLEY: Okay. With respect to --
4 THE COURT: I'm just asking, Ms. Tipps is
5 totally incapacitated, right?
6 MR. FINLEY: No, Your Honor. Your order
7 does not say she is totally incapacitated. It says that
8 she's incapacitated as defined within the Texas Estates
9 Code and in the case --
10 THE COURT: When did she hire you?
11 MR. FINLEY: She hired me in, last summer.
12 MR. COOK: Well, 2013 summer, is what
13 you're talking about. before your order was entered.
14 MR. FINLEY: Yes, the summer of 2013.
15 THE COURT: And you admit that at this time
16 okay. Let me look at the -- Does anybody -- I'll have
17 to look it up on the computer but does anybody have the
18 order that I signed?
19 MR. COOK: That's it.
20 THE COURT: Oh, my goodness, where does it
21 say she's incapacitated?
22 MR. COOK: It says it in several places,
23 Your Honor, and if you start with page 1, paragraph 0,
24 the very first page.
25 THE COURT: Paragraph D?

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1 MR. COOK: Yes, sir. You made a finding
2 that "Doris Lee Tipps is an adult incapacitated person
3 who is totally without capacity to care for herself
4 because of a mental condition."
5 THE COURT: Okay. I'm going to sustain
6 your motion to --
7 MR. COOK: Thank you, Your Honor.
8 THE COURT: -- in terms, I'm going to rule
9 that this gentleman, a gentleman though he is, does not
10 represent Ms. Tipps at this time.
11 MR. COOK: Thank you, Your Honor.
12 THE COURT: Do I need to sign an order to
13 that he effect?
14 MR. FINLEY: Your Honor, I believe if I
15 may, I believe that the Texas Rules of Civil Procedure
16 requires that that can't be done until 10 days -- that
17 I'm entitled to have 10 days to have a specific hearing
18 on that motion?
19 MR. COOK: We're having that hearing now.
20 THE COURT: -- I think I just had the
21 hearing, sir.
22 MR. COOK: Your Honor, we will get you an
23 order.
24 THE COURT: That hearing has been held and
25 had and you may remove yourself from the counsel table

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 10

1 and sit as a spectator.
2 HR. COOK: Your Honor, the other two
3 motions that have been filed, one motion is a joint
4 motion between Cumberland and Thomas Tipps, that was
5 filed in this court on August 14th, and it's a motion
6 basically to address the problems with Cumberland as
7 trustee. Mr. Phillips filed, on behalf of Senior
8 Source, the guardian of her person, a motion that
9 predated that, that procedurally probably needs to be
10 heard first, it was first filed, probably makes sense,
11 and I'll defer to Mr. Phillips at that point. Those are
12 the only two motions that need to be heard.
13 THE COURT: Okay. Are there fact witnesses
14 that need to be heard?
15 HR. COOK: Yes, sir.
16 THE COURT: Please call your first witness.
17 Somebody call your first witness.
18 MR. PHILLIPS: Judge, I filed on behalf of
19 Senior Source, a motion to suspend or revoke the medical
20 power of attorney claim by Mr. Tipps from his mother.
21 And, frankly, I thought long and hard about --
22 THE COURT: Okay.
23 MR. PHILLIPS: about whether or not to
24 call witnesses and engage in a swearing match between
25 the witnesses, and I've decided, Your Honor, that,

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1 frankly, it's not necessary. The issue is, that there
2 is a conflict between the authority of an agent under a
3 medical power of attorney and the authority of the
4 guardian of the person, and the court having appointed
5 the guardian of the person and being charged with the
6 duties and responsibilities that they are under the
7 Estates code, it seems to me that it is a meaningless
8 exercise to have the guardian of the person, if the
9 court does not suspend or revoke the powers of the
10 medical power of attorney.
11 THE COURT: Is there an attorney here who
12 wishes to argue that point?
13 MR. COOK: Your Honor, Mr. Steve Tipps
14 filed a response to it; it is his medical power of
15 attorney that is the subject of Mr. Phillips' motion.
16 THE COURT: Whose?
17 MR. COOK: Steve Tipps. That gentleman
18 right there (indicating).
19 MR. TIPPS: Your Honor, I'm Steven Tipps.
20 THE COURT: Okay.
21 MR. COOK: And he filed it prose, so I
22 don't think he's a lawyer but he is here.
23 THE COURT: Okay. Do you wish to present
24 any facts or law on this issue, sir?
25 MR. TIPPS: Your Honor, the circumstances

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 12

1 that surround this for the last year, leading up until
2 the timeframe of the Senior Source being made the
3 guardian, and I was instrumental in bringing the
4 guardian to the table, and those circumstances are that
5 I am with my mother when Senior Source is not, four to
6 five nights, we went from October 29th, 2013, just after
7 the hearing, the 13th, on Friday the 13th, my mother
8 became very ill and I spent the beginning of 500 hours
9 taking care of her every single day at the Baylor --
10 THE COURT: Are you saying that you should
11 be named guardian?
12 MR. TIPPS: No, Your Honor, I don't contest
13 the guardianship.
14 THE COURT: Okay.
15 HR. TIPPS: I assisted this court in making
16 sure that Senior Source was appointed but, in the fact
17 -- due to the fact that I'm with my mother at night a
18 lot of times and I see things happening over there, I
19 mean, it is an amazing, egregious process of neglect,
20 negligent endangerment by the agent of the guardian.
21 For example, I mean, we went through -- from October
22 29th until November the 21st, mom was in Baylor Medical
23 Center, fully staffed, did a great job with her, I was
24 there every day, on weekends, two or three times a day,
25 and as we look at this, we see that the role that I

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1 played involved, according to the emergency situation
2 she was in, for instance, on the 29th of October, on the
3 29th of October 2013, a Tuesday, I took my mother to a
4 Dr. David Seckl es' ( ph) office for a psychological - -
5 MR. COOK: Your Honor, I'm going to object
6 to this on the basis of relevance. These are things
7 that predate your order entered in February.
8 THE COURT: What I'm getting at, sir
9 MR. TIPPS: Yes?
10 THE COURT: -- is, are you claiming that
11 you should have a medical power of attorney even though
12 you' re not
13 MR. TIPPS: My mother assigned me.
14 THE COURT: even though you're not her
15 guardian; is that what you're claiming?
16 MR. TIPPS: I claim that there are unique
17 circumstances to the care for my mother in connection
18 with Senior Source and with the agent of Senior Source
19 which at the present time was Prestonwood. When I go
20 there four to five times a week at the present time, I
21 see things we could go back until to April 24th, which
22 is just a -- that's within the period when Senior Source
23 has claimed to be guardian,.
24 MR. COOK: Your Honor, I'm going to object
25 as this is nonresponsive to your question. I don't

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1 think we've ever got an answer.
2 MR. TIPPS: The point I'm making, having a
3 medical power of attorney that I've had, no one has
4 objected from all of this time, I'm in a position to
5 communicate
6 THE COURT: No one has filed anything to
7 remove Senior Source either; isn't that the point?
8 MR. TIPPS: I don't choose to remove Senior
9 Source. I'm saying that my mother's care needs someone
10 who's independent. Senior Source is not at the nursing
11 home, especially at night. They do not see these
12 medical mistakes, swapping medicines and other things,
13 and the ability to talk with some authority to the
14 Prestonwood Nursing Rehab facility, and I have not
15 abused that power, I've only raised this question once
16 when I showed up.
17 THE COURT: -- I'm going to grant your
18 request Mr. Phillips, except that you may, you may raise
19 this again in the context of a motion to remove Senior
20 Source. But at this time, your request is granted, Mr.
21 Phillips.
22 MR. PHILLIPS: Thank you, Judge
23 THE COURT: Gentlemen and ladies, I hate to
24 do this to you: See this? This has to be done within
25 probably about five to 10 minutes from now, and I know

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1 you're all here waiting to go to the next stage of this
2 but this must be done, so I am going to take a short
3 break. And I assure you, I'm not back here -- I'll be
4 out as soon as I can.
5 MR. COOK: Thank you, Your Honor.
6 (SHORT BREAK IN PROCEEDINGS)
7 THE COURT: All right. Where are we now?
8 MR. COOK: Your Honor, we're ready to
9 proceed with the motion to accept resignation, discharge
10 trustee and reinstate trustee. And I think Mr. Golden
11 is going to call the first witness.
12 THE COURT: All right.
13 MR. GOLDEN: Yes, Your Honor, before I call
14 the witness, I'd like to give you a little background.
15 MR. COOK: -- I am sorry.
16 Your Honor, we had a witness that we
17 subpoenaed down here that we do not need anymore in
18 light of the court's ruling, Angela Grover. She
19 complied with the subpoena, and we appreciate it but
20 we're sending her back to work, if that's okay.
21 THE COURT: Is there any objection to this
22 witness being excused?
23 MR. GOLDEN: None.
24 MR. PHILLIPS: None, Your Honor.
25 THE COURT: You're free to go, you're free

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1 to stay. Thank you, ma'am.
2 MR. COOK: Thank you, Your Honor.
3 THE COURT: Please call your first witness.
4 MR. GOLDEN: My first witness is Karen
5 Ashworth.
6 THE COURT: Ms. Ashworth, come on up.
7 (WITNESS SWORN)
8 THE COURT: Please have a seat.
9 KAREN ASHWORTH
10 After being sworn, testified on her oath as follows:
11 DIRECT EXAMINATION
12 BY MR. GOLDEN:
13 Q. Ms. Ashworth, would you state your name for the
14 court, please.
15 A. Karen Ashworth.
16 Q, And during the time periods that are relevant
17 to this controversy how were you employed?
18 A. I worked with Cumberland Trust & Investment
19 Company as Vice-President and Regional Manager.
20 Q. And were you involved in the accepting and/or
21 and resigning with respect to the Tipps Family Trusts?
22 A. Yes.
23 a. Were you a party to the mediation?
24 A. No, Cumberland Trust was not a party.
25 a. And after the court's order appointing you, did

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 17

1 you have any concerns or considerations prior to your
2 acceptance?
3 A. Yes, there were multiple concerns, the assets
4 in the trust were what we consider complex, there was a
5 portfolio of marketable securities and annuities, at
6 least, three or four rental properties, residential
7 rental properties, some timberland, there was a
8 timeshare, condo. In other words, there were multiple
9 properties that we had multiple people looking into
10 during the process.
11 Q. I want you to focus on York Street.

12 A. Hood Street?
13 Q. York Street -- Hood Street? I'm sorry.
14 A. That was Mrs. Doris Tipps' residence. And of
15 course, she was i l 1 and in a ski 11 ed nursing facility
16 and no longer living there, and her son Steve was in the
17 house. And it was our understanding that the house was
18 an asset of the trust and the other three properties
19 that had been owned by the Tipps were rented and were
20 managed by a property management company called
21 Pacesetters. So we contacted Pacesetters with the
22 thought process that she's no longer living there, that
23 house either needs to be rented for fair market value
24 rent to the current tenant or to another tenant, and we
25 were informed that there may be some repairs that may be

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1 required if we were going to rent to a third party, so
2 there were multiple issues regarding Hood Street.
3 Q. Were you concerned about Steven Tipps occupancy
4 of Hood Street?
5 A. Yes, because I understand he had been asked to
6 vacate the property in the past and had not done so, so
7 as a condition to our acceptance we said he either needs
8 to pay fair market value rent, preferably first and last
9 months' rent, deposit, and we had some other
10 stipulations, or, he needs to vacate the property.
11 Q. And what was the result of those conversations?
12 A. I spoke directly with Hr. Steven Tipps and he
13 agreed to vacate the property within a reasonable period
14 of time, and, although, we would like that in 30 days,
15 we agreed to 60 days. And that was prior to our
16 appointment that we agreed to all of this.
17 a. So that was one of the problems you wanted
18 resolved before you accepted, was whether he would be
19 out of the property?
20 A. Absolutely. Our special assets group would not
21 let us accept the appointment unless we had all of these
22 details resolved in regard to the multiple, especially
23 this particular asset.
24 a. And when 60 days arrived, what happened?
25 A. We learned that Mr. Tipps was still in the

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1 home, and during the process the letter that he said
2 during the 60 days process he was going to allow the
3 property management company access so they could either,
4 one, determine if any repairs were needed and or fair
5 market value rent, and they were not allowed to enter
6 the property and he remained in the home after the
7 expiration of the 60 days.
8 a. And at that point did you determine that
9 because of that it was impossible for you to -- I don't
10 want to put words in your mouth -- it was necessary that
11 you resign?
12 A. Yes, we realized that managing this asset was
13 beyond our control.
14 a. And on May 2nd of 2014, you did resign as
15 trustee; is that correct?
16 A. Correct.
17 Q. And the trust, the Tipps Family Trust which was
18 approved by this court allows you to resign by
19 notification; is that correct?
20 A. Correct.
21 Q. During the period, the 60 day period where you
22 between the acceptance of 75 days between the
23 acceptance and resignation, did you take over any of the
24 assets of the estate?
25 A. No, sir.

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 20

1 Q. Under your general procedure do you ever
2 custody the financial assets?
3 A. No, under our model we never custody the
4 financial assets in-house.
5 THE COURT: You never do what now?
6 THE WITNESS: We don't custody financial
7 assets.
8 THE COURT: What does that mean "custody"?
9 THE WITNESS: That means, we don't actually
10 hold the assets in an investment account at our trust
11 company; it's very unique. We use third party financial
12 advisors. And Mrs. Tipps account was held at Edward
13 Jones, and then she had some annuities that created an
14 income stream payable to bank account, so we knew that
15 her assets were safe, they were in existing custodial
16 arrangements with the customary, you know.
17 Q. (By Mr. Golden): And how were Mrs. Tipps
18 income and expenses handled in this period before you
19 resigned?
20 A. Her son Thomas Tipps had been trustee with
21 Doris prior to her incapacity, and he had kept excellent
22 records and was very cooperative in providing us with
23 the history and asset lists, and all the details
24 necessary if we were to take over.
25 a. And you're asking this court today, even though

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1 it's not necessary for the court to accept your
2 resignation, you're asking the court to accept your
3 resignation and discharge you as trustee; is that
4 correct?
5 A. Yes, absolutely.
6 MR. GOLDEN: Pass the witness, Your Honor.
7 MR. COOK: Your Honor, I have just a couple
8 of questions.
9 CROSS-EXAMINATION
10 BY MR. COOK:
11 a. Ma'am, I'm Jeff Cook. I represent Mr. Tipps,
12 Thomas Tipps. Did Mr. Tipps as the court order required
13 him to do, sign the resignation form that you all
14 tendered to him under this court's order?
15 A. Yes, he did.
16 a. And did he cooperate fully with Cumberland on
17 the request that you all made of him to facilitate the
18 change in trustees?
19 A. Yes, he did.
20 a. Did anything Thomas Tipps do cause Cumberland
21 to feel the need to resign?
22 A. No.
23 MR. COOK: Pass the witness, Your Honor.
24 MR. PHILLIPS: No questions.
25 MR. TIPPS: I'd like to ask --

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1 THE COURT: Okay.
2 MR. TIPPS: cross-examination of this
3 witness, Your Honor? I had
4 THE COURT: I have a concern there, you're
5 not an attorney and --
6 MR. TIPPS: Your Honor, these people sued
7 me. They are, under rule number --
8 THE COURT: Is that suit pending?
9 MR. TIPPS: Your Honor, well, this is a
10 hearing but they required me -- I was subpoenaed here to
11 answer it.
12 THE COURT: That's what I'm asking you.
13 And my question is, is that suit pending?
14 MR. TIPPS: Your Honor, I have not filed
15 the lawsuit against anyone at this stage.
16 THE COURT: I'm going to decline your right
17 to cross-examine.
18 Any other questions of this witness?
19 MR. COOK: No, Your Honor.
20 THE COURT: You may step down.
21 MR. COOK: Your Honor, it's my turn now?
22 MR. PHILLIPS: It's your turn.
23 MR. COOK: Your Honor, I' 11 call Tom Tipps
24 very briefly, Your Honor.
25 THE COURT: All right, Mr. Tipps, come on

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 23

1 up.
2 MR. COOK: He has not been sworn yet, Your
3 Honor.
4 THE COURT: I know.
5 (WITNESS SWORN)
6 THE COURT:· Please have a seat.
7 THOMAS R. TIPPS
8 After being sworn, testified on his oath as follows:
9 DIRECT EXAMINATION
10 BY MR. COOK:
11 Q. State your name, please.
12 A. Thomas Tipps.
13 Q. Mr. Tipps, you are the son of Doris Lee Tipps;
14 is that correct?
15 A. That is correct.
16 a. And for a period of time up until you tendered
17 a resignation as part of this court's order dated
18 February 17th, 2014, were you a trustee of the Tipps
19 Family Trusts?
20 A. Yes.
21 a. All right.
22 A. Co-trustee.
23 Q. Co-trustee. When your mother became
24 incapacitated did you become the sole trustee?
25 A. Functionally, yes.

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1 a. All right. And that was going to be my
2 question, were you the one that made sure the bills got
3 paid, rents got collected, right things happened?
4 A. Absolutely.
5 a. And have you done that for years and years?
6 A. Yes.
7 a. All right. Now under the order appointing
8 guardian, you were required to tender your resignation
9 to Cumberland and essentially cooperate with them so
10 that Cumberland could take over as trustee; is that
11 correct?
12 A. Absolutely, yes.
13 a. And did you as the prior witness said,
14 cooperate fully with Cumberland?
15 A. Yes, absolutely, yes.
16 a. Had Cumberland provided you, prior to their
17 agreement to serve, a copy of the letter that they had
18 with Steve Tipps, confirming he would leave the property
19 at issue, within 60 days?
20 A. Yes.
21 a. You understood that was one of their
22 requirements
23 A. Absolutely.
24 Q. to be trustee?
25 A. At some point did you learn that Mr. Tipps,

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1 Steve Tipps, had not vacated the property and that
2 Cumberland was tendering its resignation as the trustee
3 of the trusts?
4 A. Yes.
5 A. And during that period of time, as the prior
6 witness testified, had you functionally continued to be
7 the person to take care of the trust business, including
8 most importantly, make sure that your mother's bills got
9 paid?
10 A. Yes.
11 a. And did you do that to the best of your
12 ability?
13 A. I did.
14 a. As far as you know did all of her bills get
15 paid?
16 A. As far as I know, yes.
17 Q. All right. When you learned that they had
18 resigned and after some discussion with your respective
19 counsel, did you authorize the filing, along with
20 Cumberland, of the motion which requests this court to
21 accept the resignation of Cumberland and reinstate you
22 as trustee?
23 A. I did, yes.
24 a. And is that the same functional position that
25 you've been serving for many, many years?

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1 A. Many years.
2 a. Now with respect to that, I know you're not a
3 lawyer, do you have some familiarity with what are
4 referred to in our court order as -- they have a special
5 name for them, let me get it exactly right -- the Lustig
6 Estate Planning documents that this court found were the
7 operative documents for your mother's estate?
8 A. Yes.
9 a. And is i t your understanding that under these
10 circumstances, where there's a corporate trustee that
11 resigns you then if you're not incapacitated, become the
12 person with authority to designate the new trustee?
13 A. Yes, that's the way I understood it.
14 a. And have you agreed to that function, just like
15 you've been doing for years, and designate yourself to
16 do that?
17 A. Yes.
18 a. Your sisters are present in the court room,
19 they are beneficiaries of the trust; is that correct?
20 A. Yes.
21 a. And is it your understanding they approve of
22 that?
23 A. Yes.
24 Q. All right. And with respect to the relief
25 we're requesting is it your request that the court sign

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 27

1 an order so there's no dispute about it, that Cumberland
2 has been allowed to resign, confirm their resignation,
3 and that you continue to serve in the capacity of
4 trustee under these trusts --
5 A. Yes.
6 a. -- and in accordance with the Lustig Estate
7 Planning documents?
8 A. Yes.
9 MR. COOK: Pass the witness, Your Honor.
10 MR. GOLDEN: I have no questions, Your
11 Honor.
12 MR. PHILLIPS: No questions, Your Honor.
13 THE COURT: Sir, I am going to go ahead and
14 let you ask a question or two.
15 MR. TIPPS: Thank you, Your Honor. Can I?
16 THE COURT: -- Do you have any problem with
17 him serving as Trustee?
18 MR. TIPPS: Absolutely. Absolutely.
19 THE COURT: What's the nature of your
20 quarrel?
21 MR. TIPPS: Hy brother removed $200,000
22 from the Tipps Family Trust.
23 THE COURT: Have you filed a lawsuit
24 complaining about that?
25 MR. TIPPS: Well, Your Honor, I certainly

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 28

1 can do that. I'm going to ask a couple of questions --
2 THE COURT: Until you do that, sir, I'm
3 going to -- Is there anything else you want to ask your
4 brother about?
5 HR. TIPPS: Yes. How does the court handle
6 a life estate that is attached to 1844 Hood Street? It
7 is not in the trust, it is not transferable under Texas
8 law in the trusts.
9 THE COURT: I'm not going to give legal
10 advice. In fact, I'm forbidden by the Judicial Cannon
11 of Ethics to give legal advice, so I am very, very sorry
12 that I cannot be of service to you.
13 MR. TIPPS: I understand. I am sorry.
14 THE COURT: Is there any other --
15 Please take your seat.
16 -- Is there any other witness that
17 MR. COOK: Yes, Your Honor. Terry Lustig,
18 we'll call him very briefly, Your Honor.
19 THE COURT: You may take your seat.
20 Carrie Lustig.
21 MR. COOK: Terry Lustig.
22 THE COURT: Please have a seat.
23 (WITNESS SWORN)
24

25 (NO OMISSIONS)

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 29

1 THEODORE LUSTIG
2 After being sworn, testified on his oath as follows:
3 DIRECT EXAMINATION
4 BY MR. COOK:
5 a. State your name, please.
6 A. Theodore "Terry" Lustig.
7 Q, Are you an attorney?
8 A. Yes.
9 a. Are you board certified in anything?
10 A. I'm board certified in Estate Planning and
11 Probate law.
12 a. Were you the author of the Lustig Estate
13 Planning document as the court order of February of this
14 year referred to them?
15 A. Yes.
16 a. Are you familiar with their contents?
17 A. I am.
18 a. Did you draft them at the request of Mrs. Tipps
19 and her husband when they were alive and she had
20 capacity?
21 A. Yes.
22 a. In the circumstances that we have where there
23 was a corporate trustee appointed by agreement and that
24 corporate trustee has resigned and Mrs. Tipps
25 incapacitated, and Thomas Tipps was still alive and not

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---- -- -------·-~----
 30

1 incapacitated, how is it supposed to work under the
2 Lustig Estate Planning documents, as to who the new
3 trustee is?
4 A. Thomas Tipps has the power to appoint any
5 successor trustee, including himself or another person.
6 MR. COOK: Pass the witness, Your Honor.
7 MR. GOLDEN: I have no questions, Your
8 Honor.
9 HR. PHILLIPS: No questions.
10 THE COURT: You may step down, sir.
11 MR. COOK: Your Honor, we rest.
12 MR. GOLDEN: We rest.
13 THE COURT: Any other witnesses?
14 MR. PHILLIPS: Nothing further. Rest.
15 THE COURT: All right. Is there any - -
16 from the attorneys, any objection to my signing this
17 order?
18 MR. COOK: No, Your Honor.
19 THE COURT: I am signing the order.
20 Thank you all for coming down.
21 MR. COOK: Thank you, Your Honor.
22 MR. PHILLIPS: Judge, if I may? I will
23 bring the court tomorrow an order with respect to the
24 suspension or revocation of the medical power of
25 attorney.

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 31

1 THE COURT: Thank you very much.
2 Do you all want me to sign this order on
3 the motion to show authority?
4 MR. COOK: Yes, I think that would be the
5 best, so the record is clear on that.
6 THE COURT: All right. *****
7

8

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 32

1 REPORTER'S CERTIFICATE
2 THE STATE OF TEXAS )
COUNTY OF DALLAS )
3

4 I, MONA L. RICHARD, Official Court Reporter in and
5 for the Probate Court Number Three of Dallas County,
6 State of Texas, do hereby certify that the above and
7 foregoing contains a true and correct transcription of
8 all portions of evidence and other proceedings requested
9 in writing by counsel for the parties to be included in
10 this volume of the Reporter's Record, in the
11 above-styled and numbered cause, all of which occurred
12 in open court or in chambers and were reported by me.
13 I further certify that this Reporter's Record of
14 the proceedings truly and correctly reflects the
15 exhibits, if any, admitted by the respective parties.
16 I further certify that the total cost for the
17 preparation of this Reporter's Record is $320 and was
18 paid by Steven Tipps.
19 WITNESS MY OFFICIAL HAND this the 3rd day of
20 November, 2014.
21
SIMONA L. RICHARD
22
Mona L. Richard, Texas CSR 2384
23 Expiration Date: December 2015
Official Court Reporter
24 Probate Court Number Three
Dallas County, Texas
25 Dallas, Texas

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·-----~ - - - - - - -
.. ~
 XII. CRISES & SURVIVAL
OCTOBER 29, 2013 THROUGH APRIL 24, 2014

Document Page 230 of 240
 CAREGIVER ACTIVITIES - 180 DAYS
Doris Lee Tipps
OCTOBER 29, 2013 thru April 24, 2014 Part I Page 1
Winter Exhibit A
Crises Assistance - Winter Spring 2013-2014 Hrs
Date Hours Cum Rate ot Cumms
O Oct 4 Fri Mom to Doctor Crowder 4 $ 50 $ 200
1 Oct 29 Tue Dr. David lsraediskul MD 7:00am 9 $ 50 $ 650
Dr. Rai 11 :45am; & 2:45 pm Developing Crises, Meds
Developing Crises, Meds, Bronchia Pneumonia
2 Oct 29 Tue Lakeview- all night vigil - developing health care crises 8 $ 50 $ 1,050
3 Oct 29 Tue Baylor Emergency Mom (I checked Mom at 6:00am 8 $ 50 $ 1,450
and she could not speak.) To Baylor immediately.
4 Oct 29 Tue Baylor Emergency Mom 12 $ 50 $ 2,050
5 Oct 30 Wed Mom to Baylor 8:00AM Mom Admitted, Dr. Sohmer askec 4 $ 50 $ 2,250
Dr. Sohmer asked how I knew to bring her in.?
6 Oct 31 Thur Baylor Carrollton Mom 2 43 $ 50 $ 2,350
7 Nov I Fri Baylor Carrollton Mom 2 $ 50 $ 2,450
8 Nov 2 Sat Baylor Carrollton Mom 2 $ 50 $ 2,550
9 Nov 3 Sun Baylor Carrollton Mom 2 $ 50 $ 2,650
10 Nov 4 Mon Baylor Carrollton Mom 2 $ 50 $ 2,750
ll Nov 5 Tue Baylor discharge Home: mid-course pneumonia 4 $ 50 $ 2,950
medical discharge - patient dumping, no notice, no disc.
12 Nov 6 Wed Returned to Baylor afternoon next day: readmitted. 24 36 $ 50 $ 4,150
13 Nov 7 Thur Transfer to Accel Intensive Rehab Marsh Ln Wynn Kio 4 $ 50 $ 4,350
14 Nov 8 Fri Baylor Carrollton SVT Rev Fae, Social Worker Physical Tl 4 $ 50 $ 4,550
15 Nov 9 Sat Baylor Carrollton SVT Rev Fae, Social Worker Physical Tl 4 $ 50 $ 4,750
16 Nov 10 Sun Move to Acee! Inten RehabDr. Kim Dr. Wynn (Email: No, 3 $ 50 $ 4,900
17 Nov 11 Mon Move to Acee! lnten RehabDr. Kim Dr. Wynn (Email: Nm 3 $ 50 $ 5,050
18 Nov 12 Tues Move to Acee! Inten RehabDr. Kim Dr. Wynn (Email: Nm 3 $ 50 $ 5,200
19 Nov 13 Wed Move to Acee! lnten RehabDr. Kim Dr. Wynn (Email: NO\ 3 $ 50 $ 5,350
20 Nov 14 Thur Move to Acee! Inten RehabDr. Kim Dr. Wynn (Email: Nm 3 $ 50 $ 5,500

Document Page 231 of 240
 Crises Care Part I Page 2
Hours Rate Cum ms
21 Nov 15 Fri Move to Acee! Inten RehabDr. Kim Dr. Wynn (Email: No, 3 $ 50 $ 5,650
22 Nov 16 Sat Move to Acee! lnten RehabDr. Kim Dr. Wynn (Email: No, 3 $ 50 $ 5,800
23 Nov 17 Sun Move to Accel Inten RehabDr. Kim Dr. Wynn (Email: Nm 3 $ 50 $ 5,950
24 Nov 18 Mon Acee!: Schedule with Whitney, Dr. Paulman's office Email 3 $ 50 $ 6,100
Reschedule Dr. Seine clinical review.
25 Nov 19 Tues Move to Acee! Intensive Rehab Marsh Lane Dr. Kim Dr. V 3 $ 50 $ 6,250
26 Nov 20 Wed Move to Acee! Intensive Rehab Marsh Lane Dr. Kim Dr. V 3 $ 50 $ 6,400
27 Nov 21 Thur Mom returns to Lakeview PM 2 $ 50 $ 6,500
28 Nov 22 Fri Mom returns to Lakeview PM 2 $ 50 $ 6,600
29 Nov 23 Sat Mom returns to Lakeview PM 2 $ 50 $ 6,700
30 Nov 24 Sun Mom returns to Lakeview PM 2 $ 50 $ 6,800
31 Nov 25 Mon Lakeview Meeting with Brandi Seabold and I $ 50 $ 6,850
Michelle Alexander: based on Brenda Holmes eval
32 Nov 26 Tue Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti I $ 50 $ 6,900
33 Nov 27 Wed Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 7,050
34 Nov 28 Thur Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 7,200
35 Nov 29 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 7,350
36 Nov 30 Sat Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 7,500
37 Dec I Sun Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 7,650
38 Dec 2 Mon Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 6 $ 50 $ 7,950
39 Dec 3 Tue Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 8,100
40 Dec 4 Wed Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 8,250
41 Dec 5 Thu Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 8,400
42 Dec 6 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 8,550
43 Dec 7 Sat Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 8,700
44 Dec 8 Sun Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 8,850
45 Dec 9 Mon Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 9,000
46 Dec 10 Tue Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 9,150
47 Dec II Wed Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 9,300
48 Dec 12 Thur Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 9,450
49 Dec 13 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 9,600

Document Page 232 of 240
 Crises Care - Doris L. Tipps Rate Page 3
Hours Cum ms
50 Dec 14 Sat Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 9,750
51 Dec 15 Sun Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 9,900
52 Dec 16 Mon Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,050
53 Dec 17 Tue Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,200
54 Dec 18 Wed Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,350
55 Dec 19 Thu Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,500
56 Dec 20 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,650
57 Dec 21 Sat Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,800
58 Dec 22 Sun Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 10,950
59 Dec 23 Mon Lakeview Home SVT Pulmacort /Meals/ Phann Pills Bedti 3 $ 50 $ 11, l 00
60 Dec 24 Tue Lakeview Home SVT Pulmacort /Meals/ Pharm PiJls Bedti 3 $ 50 $ 11,250
61 Dec 25 Wed Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 11,400
62 Dec 26 Thur Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 11,550
63 Dec 27 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm PiJls Bedti 3 $ 50 $ 11,700
64 Dec 28 Sat Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 11,850
65 Dec 29 Sun Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 12,000
66 Dec 30 Mon Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 12,150
67 Dec 31 Tue Lakeview Home SVT Pulmacort /Meals/ Pharm Pills Bedti 3 $ 50 $ 12,300

Document Page 233 of 240
 Crises Care - Doris L. Tipps Part II Rate Page 4
Hours Cumms
68 Jan I Wed Lake-V Home SVT Pulmacort /Meals/ Pharm P Recovery 3 $ 50 $ 12,450
69 Jan 2 Thr Lakeview Home SVT Pulmacort /Meals/ Pharm Recovery 3 $ 50 $ 12,600
70 Jan 3 Fri Lakeview Home SVT Pulmacort /Meals/ Pharm Recovery 3 $ 50 $ 12,750
71 Jan 4 Sat Lakeview Home SVT Pulmacort /Meals/ Pharm Recovery 2 $ 50 $ 12,850
72 Jan 5 Sunday 11 :OOa Call to Mom Baylor Emergency: 8 $ 50 $ 13,250
Dr. Healther lflarris Emerg: -2:30p arrival, admitted
73 Jan 6 Mon Baylor: Morning Visit, Afternoon Visit, Moved to ICU 4 $ 50 $ 13,450

74 Jan 7 Tue Baylor: Sepsus, Intensive Care, 8:00pm until 9:20pm, 4 $ 50 $ 13,650
Lactate levels receding: email 01/28/14
75 Jan 8 Wed Baylor: Sepsus, ICU, Reversal 4 $ 50 $ 13,850
76 Jan 9 Thur Baylor: Sepsus, ICU Dr. El Jammile. 4 $ 50 $ 14,050
77 Jan 10 Fri -Baylo Select Revovery 4 $ 50 $ 14,250
78 Jan 11 Sat -Baylo Select Revovery 2 $ 50 $ 14,350
79 Jan 12 Sun -Baylo Select Revovery 2 $ 50 $ 14,450
80 Jan 13 Mon -Baylo Select Revovery 2 $ 50 $ 14,550
81 Jan 14 Tuesday -Baylo Select Revovery 2 $ 50 $ 14,650
82 Jan 15 Wed Select Specialty Developing Crises 2 $ 50 $ 14,750
83 Jan 16 Thur Select Specialty Developing Crises 2 $ 50 $ 14,850
84 Jan 17 Fri Select Specialty [Email: in from Baylor 2 $ 50 $ 14,950
85 Jan 18 Sat Select Specialty Developing Crises 2 $ 50 $ 15,050
86 Jan 19 Sun Select Specialty Developing Crises 2 $ 50 $ 15,150
87 Jan 20 Mon Select Specialty Developing Crises 2 $ 50 $ 15,250
88 Jan 21 Tue Select Specialty Developing Crises 2 $ 50 $ 15,350
89 Jan 22 Wed Select Speciahy Developing Crises 2 $ 50 $ 15,450
90 Jan 23 Thur Select Speciahy Trip made to visit visit Mom, sl Mediatio11 8 $ 50 $ 15,850
refused to accept Senior Source as guardian. Mediation
91 Jan 24 Fri Select Speciahy Developing Crises 2 $ 50 $ 15,950

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 Crises Care - Doris L. Tipps Part II Rate Page 5
Hours Cumms
92 Jan 25 Sat Select Specialty Mom stopped eating, giving up, 6 $ 50 $ 16,250
Dr. Rai, needs feeding support 3 x per day
93 Jan 26 Sun Full time support - meals+Lisa Mom's Best Friend 6 $ 50 $ 16,550
94 Jan 27 Mon Full time support - meals+Lisa Mom's Best Friend 6 $ 50 $ 16,850
95 Jan 28 Tue Full time support - meals+Lisa Mom's Best Friend 2 $ 50 $ 16,950
96 Jan 29 Wed Full time support - meals+Lisa Mom's Best Friend 2 $ 50 $ 17,050
97 Jan 30 Thur Full time support - meals+Lisa Mom's Best Friend 2 $ 50 $ 17,150
98 Jan 31 Fri Friday at Select Specialty: 5:30P Pulmonary 5 $ 50 $ 17,400
pulmonary emergency (Lisa Numerick) Bypap
machine
99 Feb 1 Sat Saturday Moved to Baylor Radiology- 7 $ 50 $ 17,750
pleural sacs drained, 600 ml of fluid off
Sat Steve at Select, Baylor Select. Mom critical
100 Feb 2 Sun Select Specialty MBF sitters, feeding, Steve MBF 2 $ 50 $ 17,850
101 Feb 3 Mon Select Specialty MBF sitters, feeding Steve MBF 2 $ 50 $ 17,950
102 Feb 4 Tue Select Specialty MBF sitters, feeding Steve MBF 2 $ 50 $ 18,050
103 Feb 5 Wed Select Specialty - Pneumonia looking better 2 $ 50 $ 18,150
Dr. Seine Report Received.
104 Feb 6 Thursday Select Specialty Recovery 2 $ 50 $ 18,250
105 Feb 7 Fri Select Specialty Recovery 2 $ 50 $ 18,350
106 Feb 8 Sat Select Specialty Recovery 2 $ 50 $ 18,450
107 Feb 9 Sun Select Specialty Recovery Brother sneezing on Mom 2 $ 50 $ 18,550
108 Feb 10 Mon Select Speciallty Meeting DR. Seine Review 2 $ 50 $ 18,650
109 Feb 11 Tue Select Specialty Recovery 2 $ 50 $ 18,750
110 Feb 12 Wed Select Specialty Recovery 2 $ 50 $ 18,850
111 Feb 13 Thur Select Specialty Recovery 2 $ 50 $ 18,950
112 Feb 14 -Fri Select Specialty Recovery ; Lakeview - Senior 2 $ 50 $ 19,050
113 Feb 15 -Sat Saturday moved from Select Specialty to Accel 2 $ 50 $ 19,150
114 Feb 16 Sun Acee! Visited Mom while brother and wife wer Email: LC 2 $ 50 $ 19,250
Brother acting strange - offering Do Not Res Forms
115 Feb 17 Mon Acee! Visited Mom, e.g., pulled her up in her bed, 4 $ 50 $ 19,450
helped with her comforts
116 Feb 18 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 19,550
117 Feb 19 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 19,650

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 Crises Care - Doris L. Tipps Part II Rate Page 6
Cumms
118 Feb 20 Thur Accel condition, comforts, oxy, meds, pain 2 $ 50 $ 19,750
119 Feb 21 Fri Accel condition, comforts, oxy, meds, pain 2 $ 50 $ 19,850
120 Feb 22 Sat Accel 12:00pm to 3:40p Call button on floor, 7 $ 50 $ 20,200
Lunch unusual wait, no oxygen, Mom
gasping for air, complete indifference staff
121 Feb 23 Sun Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 20,300
122 Feb 24 Mon Accel condition, comforts, oxy, meds, pain 2 $ 50 $ 20,400
123 Feb 25 Tue Acee] condition, comforts, oxy, meds, pain 2 $ 50 $ 20,500
124 Feb 26 We Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 20,600
125 Feb 27 Thur Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 20,700
126 Feb 28 Fri Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 20,800
127 Mar 1 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 20,900
128 Mar 2 Sun Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,000
129 Mar 3 Mon Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,100
130 Mar 4 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,200
131 Mar 5 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,300
132 Mar 6 Thur Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,400
133 Mar 7 Fri Acee] condition, comforts, oxy, meds, pain 2 $ 50 $ 21,500
134 Mar 8 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,600
135 Mar 9 Sun Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,700
136 Mar 10 Mon Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,800
137 Mar 11 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 21,900
138 Mar 12 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,000
139 Mar 13 Thu Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,100
140 Mar 14 Fri Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,200
141 Mar 15 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,300
142 Mar 16 Sum Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,400
143 Mar 17 Mon Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,500
144 Mar 18 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,600
145 Mar 19 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,700
146 Mar 20 Thur Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,800
147 Mar 21 Fri Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 22,900

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 Crises Care - Doris L. Tipps Part II Rate Page 7
Cumms
148 Mar 22 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,000
149 Mar 23 Sum Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,100
150 Mar 24 Mon Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,200
151 Mar 25 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,300
152 Mar 26 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,400
153 Mar 27 Thur Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,500
154 Mar 28 Fri Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,600
155 Mar 29 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,700
156 Mar 30 Sun Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 23,800
157 Mar 31 Mon Acee] condition, comforts, oxy, meds, pain 2 $ 50 $ 23,900
158 Apr I Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,000
159 Apr 2 Wed Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,100
160 Apr 3 Thu Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,200
161 Apr 4 Fri Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,300
162 Apr 5 Sat Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,400
163 Apr 6 Sun Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,500
164 Apr 7 Mon Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,600
165 Apr 8 Tue Acee! condition, comforts, oxy, meds, pain 2 $ 50 $ 24,700
166 Apr 9 Wed Moved from Acee] to Prestonwood 2 $ 50 $ 24,800
167 Apr 10 Thu Preston wood 2 $ 50 $ 24,900
168 Apr 11 Fri Prestonwood - Friday evening 2 $ 50 $ 25,000
169 Apr 12 Sat Prestonwood - Saturday evening late - Flow Arr 2 $ 50 $ 25,100
170 Apr 13 Sun Moved from Prestonwood to Presbyterian Plano, 2 $ 50 $ 25,200
oxygen levels dangerous decline
171 Apr 14 Mon Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,300
172 Apr 15 Tue Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,400
173 Apr 16 Wed Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,500
174 Apr 17 Thu Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,600
175 Apr 18 Fri Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,700
176 Apr 19 Sat Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,800
177 Apr 20 Easter Sur Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 25,900
178 Apr 21 Mon Presby Plano bronchitis, clots heparin coumedin 2 $ 50 $ 26,000
179 Apr 22 Tue Mom arrives PW,8:00p in terrible situation 2 $ 50 $ 26,100
180 Apr 23 Wed PW. Opened Rm 406 witnessed techs swinging 2 $ 50 $ 26,200
Mom like a sack of potatoes, while conversing
Communications Charges 64.5 $ 125 $ 8,063
Total charges $ 34,263

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 Emails Page 1
COMMUNTCATTONS WITH DORIS L TIPPS'
ATTORNEY - NEEDED ADVERSARY

180 Sept 8 2013 Neurologist reports and history Hours Cum

181 Sept 17 2013 Kathy Fink: Mom's neightbor stated that she was
approached by my brother's
attorneys for information about me.
182 Sept 17 2013 Mom's explanation of Jesus story: 2 3
Pill tossing ceremony, Security
concerns about G&T
183 Sept 24 2013 Confrontation at Lakeview: Pill tossing l 4
a: Thursday evening Sept 12, 2013
before Friday court date.
184 Sept 25 2013 Met with Brenda Holmes, RN, re: 2 6
unstable TNR readings.
185 Sept 30 2013 Arranged to get Mom's appointment l 7
with Dr. Crowder established
Court ordered mental examination.
186 Oct 2 2013 Dr. Crowder report to neurologist 2 9
Dr. David Isaradisaikul, M.D.,
187 Oct 22 2013 Dr. Bennett Blum, M.D. Psychiatrist 2 11
188 Oct 2 2013 Dr. David Isaradisaikul I Oleta Farrell, 2 13
revocation of Tom Tipps powers
189 Nov 4 2013 Referral notice to Dr. Ron Paulman I 14
and Dr. Kathleen Seine
190 Nov 5 2013 Assistance from family for neuro psychology tests nc 14
from my brother Thomas Tipps
191 Nov 7 2013 Mom readmitted to Baylor on 11-6-13 nc 14
11-6-13 pm Bayor patient dumping
Baylor culpable for 90 year old pneumonia patient

192 Nov 11 2013 Mom birthday at Acee! l 15
193 Nov 16 2013 Filling out test forms for Mom I 16
194 Nov 16 2013 Mom's condition at Accel, Dr. Kim 2 18
195 Nov 19 2013 Whitney at Dr. Paulman's office 1 19

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 Emails Page 2
196 Nov 19 2013 Dr. Paulman conversation notes l 20
197 Dec 12 2013 Mom walking again at Lakeview 2 22
198 Jan 5 2014 Called Mom on Sunday at 11 :OOa; heavy l 23
coughing; albuterol treatment, lunch
to Baylor emergency Dr. Harris admit
199 Jan 2 2014 Patricia McArdle, TDAPS 2 25
Texas Dept of Adult Protective Svcs
Investigation of Steve Tipps - Allegations Tossed
200 Jan 8 2014 Lactate lavels are falling (ICU-Baylor) 2 27
Sepsus declining in blood stream
201 Jan 26 2014 Worst Season for flu and respiratory I 28
illnesses in decades.
202 Jan 29 2014 Mom was in a very weak state, unable 1 29
to communicate with her nurses her
pam issues
203 Jan 29 2014 Mom's diet: assisted feeding l 30
204 Jan 29 2014 Need more help from MBF, at Select Hosp 0.5 30.5
Mom's best friend, feeding, watching
Mom critically ill.
205 Jan 31 2014 Mom in critical condition, Bypap, Emergency I 31.5
Steve spoke with facility dir of nursing
Dr. Sohn came, full briefing,
206 Feb 5 2014 Dr. Torton, Dr. Rai, Dr. Wilson, 2 33.5
Dr. Boorla, Dr. Tomkins, Dr. Sohn
207 Feb 9 2014 Brother and wife in Mom's room 2 35.5
with their own infectious illnesses &
sneezing on Mom.

208 Feb 13 2014 Summary I 36.5
209 Feb 14 2014 Senior Source investigating allegations 2 38.5
of abuse alleged by Tom Tipps
at Select Specialty Hospital
210 Feb 16 2014 Acee! Reha! Plano: George the nurse 2 40.5
nurse told me that my brother was
peddling another do not resucitate fonn
211 Feb 22 2014 Acee!. Call button on floor, oxygen 2 42.5
in room disconnected, request service

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 Emails: Page 3
no response. Hours Cum
212 Mar 20 2014 Acee) visitedMom at 9:45p, 3 45.5
need to get together - urgent issue
urgent issue on fluid buildup - lacix
213 Mar 21 2014 Acee) arrived Friday 5:00 am 2 47.5
pneumonia from food aspiration
214 Mar 21 2014 Acee!,Mom is out of danger 2 49.5
215 Mar 29 2014 Acee!, edema, refused to disclose: 0 49.5
edema critical, drowning in her own
fluids - get after Senior Source
216 Mar 30 2014 Acee!, Doctor refused Lacix, need for specialists 3 52.5
need specialists
217 Apr 4 2014 Guardian plans to terminate services ofMBF. 2 54.5
ifMBF, Loneliness to set in.
218 Apr 5 2014 Accel, George indicates big improvement 2 56.5
from the care and rehab at Acee! on
Communicaton Parkway Plano.
219 Apr 16 2014 Prestonwood, swelling in Mom's feet 57.5
severe, toes turnning blue
220 Apr 23 2014 Prestonwood, mid evening, Nursing 3 60.5
Staff neglectingMom in her room.
221 Apr 24 2014 8:00pm Prestonwood, witnessed two techs 2 62.5
throwMom like a sack of potatoes onto
hard mattress; fall risk band on her am1
222 Apr 29 2014 interaction with Prestonwood personnel 2 64.5
concerning wreckless endangerment ofMom.
Total
Total 64.5 $ 125 $ 8,063

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