in the Guardianship of Ruby Peterson

FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
12/14/2015 12:29:57 PM
CHRISTOPHER A. PRINE
Clerk

TAB 5
 2 72
DA42 7208 PROBATECOURT
COURT,‘I
4-7"
N
0
INTHE
IN GUARDIANSHIPOF
THE GUARDIANSHIP

RUBYS.PETERSON,
RUBY S. PETERSON,

ANINCAPACITATED
OF
NO.
NO

§
§
§
INTHE
IN

NUMBER
NUMBER
PROBATE COURT
THE PROBATE COURT

OF
OF

AN INCAPACITATED PERSON
PERSON § HARRISCOUNTY,
HARRIS COUNTY,TEXAS
TEXAS

ORIGINAL
ORIGINAL PETITION
PETITION FORAPPOINTMENT
FOR APPOINTMENT OFTEMPORARY
OF TEMPORARY AND PERMANENT
AND PERMANENT
GUARDIAN (S)OFTHEPERSON
GUARDIAN(S) OF THE PERSON ANDESTATEOFRUBYS.PETERSON,
AND ESTATE OF RUBY S. PETERSON, F OR
FOR
DECLARATORY
DECLARATORY JUDGMENT,AND
JUDGMENT, FOR ALTERNATIVE RELIEF,
ANDFORALTERNATIVE RELIEF, TEMPORAR
TEMPORAR
RESTRAINING
RESTRAINING ORDER,TEMPORARY
ORDER, TEMPORARY INJUNCTION
INJUNCTION
0 AND
PERMANENT
AND PERMANENT INJUNCTION
tD TOTHE
TO THEHONORABLE
HONORABLE JUDGE
JUDGE OFSAID
OF SAIDC OURT:
COURT: .
COMENOW,
COME NOW,D onny("Don")
Donny ("Don")LLeslie
esliePeterson and
Peterson ("Mack")
and Mackey GlenPe
("Mack") Glenerson,
P‘
-sort /)(P
7trd2
requestingooff the
requesting Courtthe
the Court of aaTemporary
the appointment of Temporary Guardian
Guardian and,subsequently,
and, subsequenly, aa fit

Permanent
Permanent Guardian ooffthePerson
Guardian the Person andEstate
and Estate ofRubyS.Peterson ("Proposed
of Ruby S. Peterson ("Proposed andfor
Ward")and
Ward") for

Declaratory
Declaratory Relief
Relief a stated,andin
ass hereinafter stated, support whereof
and in support would respectfully
whereof would respectfully show untothe
show unto the
Courttthe
Court hefollowing:DISCOVERY
following:
CONTROL
DISCOVERY CONTROL P LAN
PLAN
l.
1. Discovery
Discovery incormection
in connection with
with thisaction isintended
this action is to beconducted
intended to underlevel
be conducted under level33
ofRulel90.l,
of TexasRulesofCivilProcedure.PARTIES
Rule 190.1, Texas Rules of Civil Procedure.

PARTIES
2.
2. Petitioner,
Petitioner, Donny ("Don”)
Donny ("Don") L esliePeterson
Leslie Peterson is individual
anindividual
is an residentof
resident of Harris
Harris
County,
County, Texas andattorney
Texas and attorney iinnfactunder
fact under F inancial
Financial Power ofAttorney
Power of Attorney ofRuby S.Peterson
of Ruby S. dated
Peterson dated
November
November l5,
15, 2013. theevent
Inthe
2013. In thatsuchPower
eventthat ofAttorney
such Power of Attomey bedeclared
be declarednullandvoid,
null and void,
Petitioners then seek the appointment of
Petitioners thenseektheappointment of a Guardian o
dulyqualified Guardian
a duly offthePerson andEstate
the Person and Estate to
to
Proposed Ward,Ruby
RubyS.
S.Peterson. (bee,. kctz,‘
Proposed Ward,

692687.1
692687.1

Silverado Appx. 0064
No. 1-15-586-CV 14
 3.
3. Petitioner,
Petitioner, Mackey ("Mack")
("Mack") G lenPeterson
Glen Peterson iis
s an
an individual resident of Hays
of Hays

County, Texas andattorney
Texasand attomeyiinnfactunder
fact under F inancial
Financial ofAttorney
Powerof
Power Attorney ofRuby S.Peterson
of Ruby S. dated
Peterson dated
N
CL
November
15,2013.Intheevent
thatsuch ofAttorney
Power bedeclared
nullandvoid,
November 15, 2013. In the event that such Power of Attorney be declared null and void,

ila Petitioner
Petitioner thenseeks
then seeks theappointment
the appointment of duly qualified Guardian
of a duly Guardian ofthe
of the Person andEstate
Person and to
Estate to

Proposed Ward,
Proposed Ward, RubyS.
Ruby S.Peterson.
Peterson.

4.
4. Respondent,
Respondent, Manley
Carotlet;son Manley individual
isisananindividual resident
resident ofHarris
of HarrisCounty,
County,
tJ
N
Texas,
who beserved
may with
notice
ofthisPetition
atherresidence
7915
Texas, who may be served with notice of this Petition at her residence 7915 Ver
amonte Ct., Ct.,
CO
SugarL
Sugar and,TX
Land, TX77479-7003, or at
77479-7003, or any other
at any other a ddresssshe
address hecan
can belocated.
be located.
D|
5.
5. Respondent,
Respondent, David Troy Peterson
Peterson is individual
an individual
is an residentof
resident of Harris
HarrisCounty,
Texas,w
Texas, homay
who may be servedwith
be served withnoticeof thisPetition
notice of this hisresidence
athis
Petition at residence402Fintona Way,
402 Way,
Houston,
Houston, TX77015,
TX 77015, or any other
atany
orat other a ddress
address he canbelocated.
he can be located.

CLAIMAMOUNT, VENUE
CLAIM VENUE and JURISDICTION
JURISDICTION
6.
6. Theamount
The amountiinn controversy
controversy at thistimeis
at anundetermined amount.
this time is an Upon
amount. Upon
information
informationaand
nd belief,the of the
assetsof
belief, the assets theProposed
ProposedWardexceed
Ward Milliondollars
TwoMillion
exceed Two dollars
($2,000,000.00)
($2,000,000.00) inliquidity.
in liquidity.
7.
7. ThisCourt
This Courthas
hasvenue andjurisdiction
venueand underTexas
jurisdiction under TexasProbate
ProbateCode §§607A
Code§§607A and610
and 610
Ainresult
A andconsequence
in result and consequenceofthefacts
of alleged,showing
the facts hereinafter alleged, showingtthat
hattheclaims andcauses
the claims and causes
of action
of actionare thoseappertaining to
arethose to the Guardianship
the Guardianship of
of the
the EstateandPerson
Estate and Person of RubyS.
of Ruby S.
Peterson,
Peterson, whose
whose p ermanent
permanent residence
residence anddomicile
and domicile andwhere
and where herprincipal
her principal estate located, in
are located,
estate are in
HarrisCounty,
Harris County,Texas.FACTUAL
Texas.

FACTUAL ALLEGATIONS
ALLEGATIONS
8.
8. TheProposed
The Wardis
Proposed Ward predeceased
is predeceased byherhusband TroyElliot
by her husband Troy Peterson
Elliot Peterson June
onJune
on
24,1994,
24, hasno
1994, has siblings,
no siblings, butissurvived byherchildren,
but is survived by follows:
asfollows:
her children, as

692687.1
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Silverado Appx. 0065
No. 1-15-586-CV 15
 A.
A. Carol Peterson
CarolPeterson Manley, 7915
7915 Veramonte Ct,Sugar
Veramonte Ct, Land,TX
Sugar Land, TX77479-7003.
77479-7003.

B.
B. DavidTroy
David Peterson,
Troy Peterson, 402Fintona Houston,
Way,Houston,
402 Fintona Way, TX77015.
TX 77015.

C.
C. Lormy
Lonny Peterson, 307Holly,
Peterson, 307 Baytown, TX
Holly, Baytown, 77520.
TX 77520.

D.
D. Donny ("Don")Leslie
Donny("Don") LesliePeterson,
Peterson,13707Greenwood
13707 GreenwoodLaneSouth,
Lane Houston,
South, Houston, TX
TX
77044.
77044.
73
t"
E.
E. Mackey (("Mack")
Mackey "Mack") GlenPeterson,
Glen Peterson, Windmill
2151Windmill
2151 Run,Wimberly,
Run, Wimberly,TX78676.
TX 78676.
01
9.
9. Thisproceeding
This proceeding iiss initiated
initiatedby
by Donny
Donny("Don”) LesliePeterson
("Don") Leslie andMackey
Peterson and Mackey

GlenPeterson,
("Mack") Glen Peterson,("Petitioners") each adult
("Petitioners") each onoftheProposed
adult sson Ward,seeking
of the Proposed Ward, seekingfirst
first aa
r-
Temporary
Temporary Guardianship
Guardianship to befollowed
to be followed by
by a Permanent Guardianship
Permanent Guardianship oftheProposed Wardand
of the Proposed Ward and
Estate.In
Estate. addition,
In addition, andin
and thealternative,
in the whilefullyinsisting
alternative, while theforegoing,
onthe
fully insisting on Petitioners
foregoing, Petitioners
wouldshow
would showunto
untotheCourt theneedforDeclaratory
the Court the Reliefpursuant
need for Declaratory Relief pursuantto CPRC§37.04
to CPRC §37.04et
et seq.,
seq.,
declaring
declaring D urablePPower
Durable owerooffAttorney
Attorney d atedJune24,
dated heretofore
1993heretofore
June 24, 1993 signedbytheProposed
signed by the Proposed
Ward, to benullandvoidandhaving
Ward, to noo further effect
be null and void and having n effect aand
ndunenforceable assuch.Copy
unenforceableas ofJune
such. Copy of June
24,1993
24, PowerooffAttorney
1993 Power Attorney iiss attached
attached aass Exhibit
Exhibit "A". partofofsaid
Asaapart
"A". As saidDeclaratory Relief,
Declaratory Relief,
Petitioners
Petitioners would
would askfortheenforcement ofsubsequently
ask for the enforcement of subsequentlyexecuted
executed P of Attorney,
owerof
Power Attorney, dated
dated
November 2013, a
15,2013,
November 15, ppointing
appointing Petitioners
Petitioners each
each to serve inthecapacity
to serve in the capacity a attorneyiinnfactfor
ass attorney fact for
theProposed
the Proposed Ward. Acopy
Ward. A ofthatPower
copyof ofAttomey
that Power of isattached
Attorney is heretoand
attached hereto andincorporated herein
incorporated herein
Exhibit"B".
asExhibit
as "B”.And,
And,inintheunlikely thatthe
eventthat
the unlikely event shoulddeclare
the Court should declarePetitioners'
Petitioners’ Powerooff
Power
Attomey
Attorney not enforceable
not enforceable as such,thenPetitioners
as such, then Petitioners seek appointment of
seekappointment first,aaTemporary
of first, Temporary
Guardianppending
Guardian endingwhatthey
what they expect o be
expecttto ofthis
contestof
be aa contest thisPetition,
Petition, andsubsequently,
and subsequently,aa
Permanent
Permanent Guardian vertheProposed
Guardian oover the ProposedWard’s
Ward's P ersonandEstate.Further,
Person inconnection
and Estate. Further, in connectionwith
with
theforegoing,
the foregoing, Petitioners
Petitioners seekofthis Orderfor
anOrder
seek of this Court an foran audit/accounting
anaudit/accounting pursuant
pursuant to Rule
to Rule
172oftheTexas
172 Rulesof
of the Texas Rules CivilProcedure,
ofCivil Procedure,providing
providing statement
aa statement of behalfooffthe
accountsoonnbehalf
of accounts the
Proposed
Proposed Ward, and for the best interest oftheProposed
Ward, andforthebestinterest Ward, identifying
of the Proposed Ward, identifying andstating
and stating tthe
heextent,
extent,

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Silverado Appx. 0066
No. 1-15-586-CV 16
 oftheProposed havebeensubjected
Wardhave been subjected to wrongful use andexcess
excess
if any,ttoowhich the
if any, assetsof
the assets the Proposed Ward to wrongful use and

ofdistribution
of distributionwhile
while being inthe
beingin the control ofthe
controlof heretofore
personsheretofore
the persons exercising
exercising Power ofAttorney
Power of Attorney

in of the Proposed Ward,
behalf oftheProposed
inbehalf viz.Carol
Ward, viz. Peterson Manley
CarolPeterson Manley and TroyPeterson.
David
and David Troy Peterson.

10. Carol
10. Carol Peterson
Peterson Manley
Manley and David
andDavid Troy
Troy Peterson
Peterson have
have exercised
exercised self-serving
self-serving and
and

and control o
ominionandcontrol
wrongfulddominion
wrongful offthe
the assets of the Proposed WardandherEstatepursuant
assets oftheProposed o the
Ward and her Estate pursuant tto the

Attorney d
PowerooffAttorney
Power atedJune24,
dated 1993 (Exhibit
June 24, 1993 (Exhibit"A").For thisreason
"A"). For this thiscause
uponthis
reasonupon andfor
causeand for

thebest andprotection
interestand
the best interest oftheProposed
protection of the Proposed Ward, Petitioners
Ward,Petitioners seekthe
seek appointment
the appointment
of an
of an

to represent the
auditortorepresent
auditor accounting
the accounting of assetsand
of assets disposition
anddisposition of forthe
samefor
of same preceding
the preceding oneyear
one year

period.11.
period.
In connection
In connection with the
with i.e.theProposed
person,i.e.
the person, Ward,thesiblings
the Proposed Ward, ofPetitioners,
the siblings of Petitioners,
11.

CarolPeterson
Carol Peterson M anleyaand
Manley ndDavid Troy Peterson h
David TroyPeterson have, addition
ave,iinn addition to exercising
toexercising dominion and
dominion and

over the
controlover
control the assets ofthe
assetsof Proposed
the Proposed Ward, isolated
haveisolated
Ward,have hher from remaining
erfrom familym
remaining family
embers,
members,

having lacedherin
havingpplaced nursinghome,
her in aa nursing of the choosing ofRuby
not ofthechoosing
home,not S.Peterson,
of Ruby S. andin
Peterson, and over
in effect over

her objection.
her objection. RubyS.S.Peterson
Ruby isinthe
Peterson is company
in the company offreeroaming
of domestic
free roaming domestic
animalswithinher
animals within her

presentliving
present facility, having
living facility, agitating effect
having aannagitating ponthe
effect uupon Proposed Ward.
the Proposed Forthe
Ward. For purpose
the purpose
ofthe
of the

protection
protection aand
ndbest
best interest theProposed
interestooff the Proposed Ward pending resolution
Wardpending of thisPetitionforthe
resolution of this Petition for the

Appointment
Appointment of Permanent
of a Permanent Guardian aand
Guardian ndthe determination
the determination of thenecessity
of of the
same,
the necessity of the same,

Petitioners
Petitioners would
would seekthe appointment of
seek the appointment Temporary
of aa Temporary Guardian ooffthePerson
Guardian andEstateof
the Person and Estate of

S.Peterson,
RubyS.
Ruby Peterson, at the discretion ofthe
atthediscretion of the Court, again, pending tthe
again,pending hedetermination oftheneedfor
determination of the need for

Permanent
aa Permanent Guardianship
Guardianship ofthePerson and Estate ofthe
of the Person andEstate Proposed
of the Proposed
Wardandthe
Ward and the qualification,

ifappointed,
if ofsame.
appointed, of same.
12. Furthermore,
Furthermore, andin connection
and in connection withtheAppointment
with the Appointment of
Guardian,
ofaa Temporary Guardian,
12.
Petitioners
Petitioners would
would seek Temporary
seekaa Temporary Restraining
Restraining Order, Temporary
Order,Temporary andPermanent
Injunction,
Injunction, and Permanent

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Silverado Appx. 0067
No. 1-15-586-CV 17
 Injunction
Injunction ppreventing
reventing tthe
he further and self-serving
further unwarranted and self-servingintervention
interventionof two of
oftwo the
of the

N children,
children, Carol
Carol P eterson
Peterson M anleyaand
Manley ndDavid Troy Peterson intoherbusiness
David Troy andpersonal
into her business and affairs.
personal affairs.
G
C.
is,Petitioners
Thatis,
That Petitioners would
would s howtheneed
show forCourt totorestrain
the need for restrain saidpersons
said persons from
from exercising
exercising

unlawful
unlawful dominion
dominion ofcontrol
of control o
off assets andperson
assets and oftheProposed
person of the Proposed Ward, withher
Ward,interfering with her

dayto
day daypersonal
today affairs a
personal affairs ndtheselection
and the selection o
off a living
livingand
andcare facilityssuited
carefacility uitedto
to herneeds and
her needs and

liking,as
liking, opposed
asopposed herpresent
ttoo her placement
presentplacement inSilverado
in Silverado Sugar LandMemory
SugarLand Memory CareCommunity
Care Community

notat
not at her selection a
herselection ndagainst
and against herwill. Intheabsence
her will. hi ofan
the absence of Order
anOrder restraining
restraining suchactivity,
such activity,
Ca
appointing
appointing Temporary
a Temporary Guardian
Guardian iin
n herbehalf RubyS.
her behalf Ruby S.Peterson willlikely
Peterson will sufferirreparable
likely suffer irreparable
NJ
harm, a
harm, ndas
and herassets
toher
asto forwhich
assetsfor judgment
moneyjudgment
which aamoney alonewould
alone wouldnot necessarily
notnecessarily suffice for
sufficefor
herprotection
her protection andforwhich
and for which there would be
there would be no otheradequate
no other adequateremedy
remedy a lawindamages
att law alone,
in damages alone,

particularly ifdenied
if denied theimmediate care and
the immediate care contact ofherloved
and contact of her loved ones andtheprotection
ones and ofher
the protection of her

estate fromdissipation
estate from dissipation aand
nd the unknownability
the unknown ability to recoverfundsthat
to recover havebeen
mayhave
funds that may been

mismanaged, misappropriated,converted,
mismanaged, misappropriated, or committed
converted,or beyondtheWard’s
committedbeyond reachby
the Ward's reach bydeceitful
deceitful

andfraudulent
and fraudulentacts. Moreover,
acts. Moreover, Proposed
theProposed
the Wardhas
Ward beenprovided
has been insufficient
provided insufficient and
and

detrimental
detrimental medical by the wrongful administration
care bythewrongful
medical care administrationof
of drugs.Moreover, forthosefunds
drugs. Moreover, for those funds

foundinthepossession
found in the possession of anythird
of any party thatbelong
third party that belong to RubyS.
to Ruby S.Peterson, andforwhich
Peterson, and said
for which said

funds,aassets
funds, ssetsor otherproperty
or other propertyw acquired
ereacquired
were tthrough
hroughuse
use offraudanddeceit oftheProposed
of fraud and deceit of the Proposed

Ward,
Ward, P etitioners
Petitioners would
would askthattheCourt imposeaa Constructive Trust
ask that the Court impose fortheprotection
Trust for and
the protection and

ofsame.
conservation of same.
13.
13. TheProposed
The Proposed Ward presently lives
Wardpresently Silverado
at Silverado
lives at SugarLandMemory
Sugar Care
Land Memory Care

Community
Community inSugarland. Theadministrator
in Sugarland. The operator
oroperator
administrator or ofthatfacility
of isTana
that facility is who
Tana McMillon, who

may be
may servedwith
be served this
with notic of this proceeding
proceeding t Silverado
ataSilverado SugarLandMemory
Sugar Care
Land Memory Care

Community,
Community, 1221Seve✓
1221
Seventh
nthhSStreet, Sugar L
treet,Sugar and,T
Land, TXX77478 pursuant to
77478 pursuant TPC§633(d)(3)
to TPC and(4).i
§633(d)(3) and (4).

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Silverado Appx. 0068
No. 1-15-586-CV 18
 DuringthePetitioners
During the Petitioners visitwiththeProposed Wardon
visit with the Proposed Ward November
onNovember 15,2013,
15, Proposed
2013, Proposed Ward
Ward

appeared
appeared to beunaware
to be unawareandunable
and comprehend
unable ttoo comprehend thefulldetails orany
the full details or ofcontroversy
extentof
any extent controversy
between
and herchildren
among astohercare
andcondition.
Italso toPetitioners
appears that
between and among her children as to her care and condition. It also appears to Petitioners that

becauseooff the
because theProposed Ward’smental
Proposed Ward's mentalcondition,
condition, sheis unableto
she is unable to protect herselfor
protectherself make
or make
decisions
thatareinthebestinterest
ofherpersonal
andfinancial
affairs. believing
Still, inthe
decisions that are in the best interest of her personal and financial affairs. Still, believing in the
foregoing,
foregoing, Petitioners
Petitioners accepted
accepted tthe Proposed W
heProposed ard’ssigned
Ward's signedPower ofAttomey
Powerof andRevocation
Attorney and Revocation

ofprior
of PowerooffAttorney
prior Power Attorney on
on 11-15-13, otcontradictory
ll-15-13,nnot contradictory to their belief iin
to theirbelief ntheirmother’s mental
their mother's mental

limitations,
limitations, butperhaps in a lucid
but perhaps in moment. thatsheunderstood
lucid moment. that she understood what
what sshe
hewas signing.
was signing.

14.
14. Section875(k)
Section 875(k) o
off the
theTexas
TexasProbate Codeprovides
Probate Code thatwhen
provides that Permanent
when aaPermanent
Guardianship
Guardianshipisiscontested,
contested,the
theCourt onthe
Courton the Court’s wnMotion
Court's oown Motionor on the
or on Motionof
the Motion an
of an

interested
interested party,
party, m ayappoint
may Temporary
appoint aa Temporary Guardian
Guardian pending contestwithout
pending contest issuingnotice
without issuing noticeand
and
citation
citation iifftheCourt findsthattheappointment
the Court finds that the appointment is necessary
is necessary to Proposed
protectaa Proposed
to protect Wardor
Ward the
or the
ProposedW
Proposed ard’sEEstate.
Ward's state. In thiscase,
Inthis thePetitioners
case,the Petitionersbelievethereis
believe necessityfor
there is aa necessity the
forthe
immediate
immediate appointment
appointment of disinterested
of a disinterested third Temporary
partyTemporary
third party Guardian
Guardian oover theProposed
verthe Proposed
Ward’sPerson
Ward's andEstate
Personand Estate pending theactual
pendingthe appointment
actualappointment andqualification of
and of aaPermanent
Permanent
Guardian
Guardian assuch,
as such, u determination
ponaa determination
upon oftheneed
of the need for samebytheCourt,
for same andshould
by the Court, and should tthe
hePower
Power
ofAttorney
of of Petitioners bedeclared
Attorney ofPetitioners be declared u nenforceable
unenforceable as well.
as well.

15.
15. Based theforegoing
uponthe
Based upon foregoingfactsand
facts allegations,
and allegations, thePetitioners
the Petitionersbelievethe
believe the
appointment
appointment of Guardian,
of aa Temporary Guardian, andsubsequently
and subsequently a Permanent
a Permanent Guardian
Guardian oftheProposed
of the Proposed
Ward’s
Ward's Person andEstate
Personand isnecessary
Estate is necessarytoprotect
to theProposed
protect the Ward,and
Proposed Ward, andherEstate, andthatthe
her Estate, and that the
givento
powersgiven
powers theTemporary
to the Guardian
Temporary Guardian pending uchaa termination
pending ssuch termination should
should include att least
include a the
least the
following:
following:

692687.1
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Silverado Appx. 0069
No. 1-15-586-CV 19
 A. Totakepossession
A. To take possession ofallfunds belonging
of all funds belonging to Proposed
to Proposed Ward,wherever
Ward, wherever
located;

B.
B. Tomakedemands
To make demands of ofCarol
CarolPeterson
Peterson Manleyand
Manley andDavid TroyPeterson
David Troy for
Peterson for
0 accountins ofall
accountings of all Pro osedWard’s
Proposed funds;
Ward's funds;

C.
C. Todemand
To demand accountings of all
accountings
of of any
actsof
all acts forProposed
agentsfor
anyagents Wardunder
Proposed Ward under
powers of
powers of attorney;
attorney;

D. Topay
D. To allreasonable
payall andnecessary
reasonable and necessary expenses
expenses of Proposed
of Proposed Ward,subject
Ward, subjectto
to
approval
approval andratification ofthis
and of this Court;

0 E.
E. Toarrange
To arrangeffor
ormedical ofProposed
careof
medical care Ward;
Proposed Ward;

F.
F. To sellany
To sell realproperty
anyreal propertybelonging
belonging Proposed
to Proposed
to Ward,subject
Ward, subjectto further
tofurther
ordersofthisCourt;
orders and
of this Court; and

G. To
G. Toapply
apply to thisCourt
to this foradditional
Court for additional powers
powers o modifythe
tomodify
orrto thepowers ordered
powersordered
herein
herein that
that are to protect Proposed
necessary toprotect
arenecessary Proposed Ward andher
Wardand estate.
her estate.

forTemporary
Application for Temporary R estraining
Restraining Order,
Order,
andPermanent
Temporary Injunction, and Permanent Injunction
16.
16. Petitioners
Petitioners asktheCourt
ask the Court ttoo grant
grantaa temporary
temporary restraining
restraining orderand
order and to their
settheir
to set
application
application for
for temporary injunction
injunctionffor
or aa hearing,
hearing, andafterthehearing, issueaatemporary
and after the hearing, issue temporary
injunction
injunction which:
which:

•· Prohibits
Prohibits C arolPeterson
Carol Peterson Manleyand/orDavidTroyPeterson,
Manley and/or David Troy Peterson, or any anyperson
person
purporting o be
purporting tto actingas
be acting theirfamily,
astheir agent,servant,
family, officer, agent, employees
servant, employees and/or
and/or
actingin
acting concertor
in concert participation with
or participation with them,
them, o thertthan
other hanPetitioners from:
Petitioners from:
(i)
(i) attempting
attempting to withdraw,
to withdraw, pledge, encurnber,
pledge, encumber, transfer, otherwise
orotherwise
transfer, gift, or remove
remove
any funds or other assetsheldin any depository a ccount
any funds or other assets held in any depository account held heldin Carol
in Carol
Peterson M
Peterson anleyand/or
Manley and/or D avidTroyPeterson’s
David Troy Peterson's nameor
name or on whichRuby
on which RubyS.
S.
Peterson was or is
Peterson wasor is a signatory;
signatory;
(ii)
(ii) attempting
attempting to conceal,
to conceal, spend,transfer,
spend, pledge, deposit,
transfer, pledge, deposit, gift,sell
gift, sell or otherwise
orotherwise
disposeof
dispose anyfunds, assets
of any CarolPeterson
assetsCarol Manleyand/or
Peterson Manley and/orDavidTroy
David Troy
Peterson, theirfamily,
Peterson, employees
agentsoorr employees
their family, agents havereceived
have and/ortaken
received and/or takenfrom
from
RubyS.
Ruby S.Peterson
Peterson o orr from
from any account inwhich
any account in which Ruby
Ruby S.Peterson
S. Peterson w or is
asor
was is a
a
signatory,
signatory, or CarolPeterson
assetsCarol
or assets Peterson Manleyaand/or
Manley DavidTroy
nd/orDavid TroyPeterson have
Peterson have
purchased withfunds
purchased with fundsrreceived
eceived from Ruby S.Peterson
Ruby S. onnher
Peterson o her accounts;
accounts;

692687.1
692687.1

Silverado Appx. 0070
No. 1-15-586-CV 20
 N (iii)attempting
(iii) attempting toto
contact oror communicate
communicate withRubyS.
with Peterson,
Ruby S. Peterson, herfamily,
her
Cpl and/orhherercaregivers in
and/or inany
any form ormethod,
form or method, without supervision.
without supervision.

Orders
• Orders
• Carol Peterson Manley
Carol Peterson and/or David
Manley and/or David Troy
Troy P eterson
Peterson toreturn
to return to counsel
to counsel for
for
Petitioners
Petitioners within
within 24hours ofits
24 hours of Temporary
its Temporary Restraining
Restraining Order allpersonal
Order all property
personal property
whichwas
which eitherppurchased
was either urchasedusing
using money any ofRuby
money from any of Ruby S.Peterson’s accounts
S. Peterson's accounts or
or
fraudulently
fraudulently obtainedffrom
obtained romRuby
Ruby S.S. Peterson or which
Peterson or was takenfromRubyS.
which was taken from Ruby S.
Peterson
Peterson oorr give CarolPeterson
to Carol
give to Peterson Manleyand/or
Manley and/orDavid
DavidTroyPeterson
Troy Peterson b byyRubyS.
Ruby S.
Peterson.
Peterson.

Prohibits
• Prohibits Carol Peterson
Carol Peterson M anleyaand/or
Manley nd/orD avidTroy
David Troy Peterson
Peterson o
orranyperson
any person or entity
orentity
purporting
purporting tto
o be actingas
be acting CarolPeterson
asCarol Manleyand/or
Peterson Manley and/orDavid
DavidTroyPeterson’s
Troy Peterson's
officer,agent,
officer, servant,
agent,servant, employees
employees and/or
and/or a ctingin
acting concertor
in concert participation
orparticipation withthem
with them
fromattempting
from attempting to
to conceal, spend,ttransfer,
conceal,spend, ransfer,pledge,
pledge, d eposit,gift,sell
deposit, gift, sell or otherwise
orotherwise
disposeof
dispose ofany funds,assets
anyfunds, CarolPeterson
assetsCarol Peterson Manleyand/or
Manley and/orDavid
DavidTroy
TroyPeterson
Peterson have
have
purchased withfunds
purchased with fundsreceived
received ffrom
romRuby
RubyS.S.Peterson.
Peterson.

l7.
17. Petitioners further
Petitioners further a sktheCourt
ask the Court ttoogrant temporary
grant aa temporary restraining
restraining order
order and
and to set
to set
theirapplication
their application for temporary injunction
for temporary injunction for
for a hearing,
hearing, andafter
and after thehearing,
the hearing, issue temporary
issue aa temporary
injunction
injunction mandating
mandating thatCarol
that Carol P eterson
Peterson M anleyaand/or
Manley nd/orD avidTroy
David Troy Peterson
Peterson c
cease allcontact
easeall contact
andcommunication
and communication withRuby S.Peterson,
with Ruby S. her family, andhercaregivers,
Peterson, herfamily, and her caregivers, and
and return
return any andall
anyand all
cash,aassets
cash, ssetsbelonging to RubyS.
belonging to Peterson,
Ruby S. Peterson, and
and any otheritemsthattheyhavetakenand/or
any other items that they have taken and/or
received
received ffrom
romRubyS.Peterson immediately
Ruby S. Peterson immediately upon serviceof
upon service oftheTemporary Restraining
the Temporary Restraining Order
Order
and/orT
and/or emporary
Temporary Injunction.
Injunction.

Probable Rightof
Probable Right ofRecovery
Recovery
18.
18. A restraining
A temporary restraining orderand/or
order and/or temporary injunction
injunction will
will protect RubyS.
protect Ruby S.
Peterson
Peterson ffrom
romfurther
further eexploitation
xploitation andabuse.Courts sittingin
and abuse. Courts sitting inprobate possess
probate possess clearauthority
clear authority
andjurisdiction
and jurisdiction toprotect boththenamed
to protect both the named assets ofan
assets of andtheprobable
estate,and
an estate, assets o
the probable assets offan
an estate.
estate.
TheTexas
The TexasSupreme
Supreme Courteevaluated
Court valuated thecharge
the charge g ivento
given to probate
probate c ourtsiinnTexas
courts andfound
Texas and found thati
that

692687.1

Silverado Appx. 0071
No. 1-15-586-CV 21
 the possessed
the courts possessed the
the authority anddirection
and direction tto issue injunctions
o issue injunctions to heassets of
preserve tthe
to preserve an
of an

estate and
and toprevent potential dissipation
to prevent potential dissipation ofthose
of those assets. InLucik
assets. In Taylor,
v.Taylor,
Lucik v. theTexas
the Supreme
Texas Supreme
N
0 Court
held:
Court held:

iA Here,
Here, a in English
ass in Cobb,theprotection
v.Cobb,
English v. fromdissipation
the protection from or transfer
dissipation or transfer o
offthe
the

potential
potential assets o
assets offthe ofLucik
estateof
the estate directlybears
Lucik directly bearson theultimate
onthe collection
ultimate collection and
and

07 distributionof
of suchproperties pursuanttotohis
such propertiespursuant hiseffective
effectivewwill.
ill. As such,the
As such, the

injunctive
injunctive relief rrelated
relief elatedttoo a matter "incident to
to an estate"
an estate" andwas
and within
waswithin the
the

vy
injunctive
injunctive powers o
powers offtheProbate Courtof
the Probate Court ofDallas
Dallas County.

Lucik, 596S.W.2d 516,Seealso
at 516,
596 S.W.2d at Smithv.
See also Smith 998S.W.2d324,336(Tex.
v.Lanier, 998 S.W.2d 324, 336 (Tex.

App.—Austin
App.—Austin 1999, et.Denied)
1999, ppet. Denied) ("A court h
("A court astheinherent
has power tto
the inherent power orderthe
o order the
surrender
surrender of property h
of property eldby
held anypartyto
by any thesuit.Thisinherent
party to the enables
powerenables
suit. This inherent power

the courtttoo preserve
the court itsown
preserve its abilityto
ownability to render effective
rendereffective relief
relief a ndgiveeffect
and its
give effect ttoo its

judgment." (internal
judgment." (internal citations
citations omitted)).

ProbableR
Probable ight0fSuccess
Right of Success on Merits
on Merits

19.
19. Thefactual
The allegations
factual allegations contained
contained inthispleading provideample
in this pleading provide ampleevidence
evidence
sustainthe
to sustain
to the causes actionalleged
causesooff action allegedherein.These
herein. These factual allegations
factualallegations andcauses
and of
causesof
actionare
action fullyincorporated
arefully incorporated herein,
herein, a
and Plaintiff rrelies
ndPlaintiff eliesupon
upon theseparagraphs
these paragraphs in his
in his

application
application fortemporary
for temporary restraining orderand
restraining order andtemporary injunction.
injunction.
ProbableInjury
Probable Injury
20.
20. If aa restraining
If restraining order and/ortemporary injunction
orderand/or are not
injunction are issued,RubyS.
not issued, Ruby S.

worse.
Peterson w
Peterson
worse.
illremain
will subjectto
remain subject exploitation
to exploitation andmanipulation
and andpossible
manipulation and indigence
possible indigence or
or

692687.1E
692687.1

Silverado Appx. 0072
No. 1-15-586-CV 22
 Irreparable Injury: lf Carol
If CarolPeterson
Peterson and/orDavid Troy
Manleyand/or
Manley TroyPeterson and
Peterson and

Cpl necessaryparties are not
partiesare enjoined fromthe
not enjoined from the actions
actions above,
above, n ot only
not RubyS.
mayRuby
only may S.
0
Peterson’s
Peterson's assets
assets belost
be thatare
lost that arenecessary
necessary forher
for hersupport,
support, but shewill
butshe willalso
alsoremain atatrisk
risk
emotional
and/or
ofphysical harm.
of physical and/or emotional harm.

N0
No adequate Remedy at Law
Remedy at UnlessCarol
Law for Damages: Unless CarolPeterson
Peterson Manley and/or
Manley and/or

DavidTroy
David TroyPeterson enjoined
areenjoined
Peterson are bythisCourt
by concealing,
this Court from concealing, spending,
spending, disbursing,
disbursing,
0 selling,diminishing,
gifting, selling, pledging, transferring,
diminishing, pledging, transferring,alteringor disposing
alteringor disposing ooff anyor all
any or all
0 fromany
funds and
and assets they have received a
assetstheyhavereceived nd/orttaken
and/or akenfromRubyS.Peterson,
from Ruby S. Peterson, or
or from any
accountinwhich
account sheis
in which she signatory,
is aa signatory, andenjoined
and fromattempting
enjoined from attemptingto change,
to change, remove or
removeor
otherwise
otherwise aalter any beneficiary designation
lterany or signor
designation or signor on depository
anydepository
on any accountor
account or
accounthheld
financial account eldin
in RubyS. Peterson’s
Ruby S. Peterson's nameor
name forher
or for herbenefit, and/orfrom
benefit,and/or from

attempting
attempting to contactoorr communicate withRubyS.
to contact Peterson,herfamily,
with Ruby S. Peterson, and/orher
her family, and/or her
caregivers
caregivers in any form
in any or method
form or method w
without supervision, Ruby
ithoutsupervision, Ruby S. assetsmay
S. Peterson's assets be
maybe
stolenand
stolen andherphysical
andunrecoverable, and her physical person
person m aybefurther
may harmed.
be further harmed.

Bond
Bond

21.
21. Petitioners
Petitioners arewilling
are willing ttoopost bond.
post bond.

Damages

22.
22. Petitioners
Petitioners seekaa temporary
seek temporary restraining
restraining order and/ortemporary
orderand/or temporary injunction

to prevent
to CarolPeterson
preventCarol Peterson Manley and/orDavidTroyPeterson
Manleyand/or and/orany
David Troy Peterson and/or person
anyperson
claiming
claiming tto
o be actingas
beacting theirofficers,
astheir agents,servants,
officers, agents, servants,employees
employees and/or actingin
and/oracting in

concert participation with
or participation
concert or with them,
them, ffrom furtherdamaging
romfurther damaging Ruby
Ruby S.Peterson orher
S. Peterson or her estate.
estate.

FORDISCLOSURE
REQUESTS FOR DISCLOSURE

23.
23. UnderTexas
Under TexasRule
RuleofCivil Procedure
of Civil Procedure §l94Petitioners
§194 requests
Petitioners requests thatRespondents
that Respondents

692687.1

Silverado Appx. 0073
No. 1-15-586-CV 23
 CarolPeterson
Carol PetersonManley andDavid
and David Troy
Troy Peterson of the service o
fifty (50) days oftheservice
within fifty(50)days
Peterson disclose, within off
0
01 thisrequest,
this request,theinformation and/orm
the information and/or aterial
material described
described inRule194.2.
in Rule 194.2.
0
0
WHEREFORE, PREMISES
WHEREFORE, CONSIDERED, Petitioners
PREMISES CONSIDERED, pray thattheCourt
Petitioners pray that the Court ((1)
1)appoint
appoint a

disinterested
disinterested third
third party to perform
party to an audit
perform an audit o
offthe oftheProposed
assetsof
the assets Wardand
the Proposed Ward andreport such
reportsuch
to theCourt;
to the (2)thatthePower
Court; (2) ofAttomey
that the Power of datedJune
Attorney dated June24,1993 underwhich
24, 1993 under CarolPeterson
whichCarol Peterson
ManleyandDavid
Manley Troy Peterson hheretofore
and David TroyPeterson eretoforeacted Attorneyiin
as Attorney
actedas Fact in behalf
n Factin behalf of RubyS.
of Ruby S.
sw
0 Peterson
Peterson be declared n
bedeclared ullandvoidandof
null and void and of no furtherforce
no further forceor effectand
or effect andnot enforceable;
notenforceable; (3)that
(3) that

thesimilar
the ofAttomeys
Powerof
similar Power datedNovember
Attorneys dated November15,2013
15, appointing
2013 appointing Mackey
Mackey GlenPeterson
Glen Petersonand
and
CJ
Donny Peterson b
LesliePeterson
Donny Leslie declared e
beedeclared nforceable
enforceable as such,
such, o altematively;
orr alternatively; (4)that Permanent
(4) that aa Permanent

Guardian
Guardian beappointed for the Proposed Ward’s
be appointed fortheProposed Personand
Ward's Person and that pending ssuch,
Estate, andthatpending
andEstate, uch,((5)
5)aa

Temporary Guardian
Temporary for the protectionofthe
be appointed fortheprotection
Guardian beappointed assetsooffthe
of the assets andperson
estateand
the estate ofthe
person of the

Proposed Ward;
Proposed Ward; ((6) for the appointment of
6)fortheappointment Permanent Guardian
of a Permanent Guardian inthe event tthat
in the event the Power o
hatthePower off

Attorneys
Attorneys datedNovember
dated November 15,2013appointing MackeyGlenPeterson
15, 2013 appointing Mackey andDormy
Glen Peterson and Leslie
Donny Leslie

Peterson
Peterson iissnot given full effect
not given effect a credit a
ndcredit
and ndenforceability
and enforceability as such, a
as such, and; (7) that the Court tthus
nd;(7)thattheCourt hus
appointqualified person
appoint or persons tto
person orpersons o act such,the
assuch,
act as thePermanent Guardian
Permanent Guardian ooffthePerson and
the Person and

Estate ofRuby
Estate S.Peterson,
of Ruby S. (8)andforsuchother
Peterson, (8) and;further
and for such other and; reliefto
further relief to which Petitioners
whichPetitioners would
would

themselves justly
showthemselves
show entitled
justly entitled and in the best interest oftheProposed
andinthebestinterest Ward;Furthermore,
of the Proposed Ward; Furthermore, that
that

(a)Notice
(a) andcitation
Notice and citation b
beeissued asrequired
issued as required b
byylaw;
law;

(b)Upon
(b) Upon final trialandhearing
finaltrial hereof,theProposed
and hearing hereof, Ward(by
the Proposed Ward (byandthrough her
and through her
guardianship)
guardianship) have judgment against
havejudgment against C arolPeterson
Carol Peterson Manley and/orDavid
Manleyand/or David
Peterson ffor
TroyPeterson
Troy orany
anysums thatmay
sums that maybebeadjudged againstthem
adjudged against themininaccordance
accordance
withthelawandthefacts
with determined
asdetermined
the law and the facts as bythisHonorable
by Courtffor
this Honorable Court ordamages
damages
asaa result
as ofdamage
result of damage ororlossoftheabove accounts and,
loss of the above accounts and, tthat she have her
hatshehave her costs
costs
her behalf incurred, thatshebeawarded
inherbehalf
in punitive
that she be awarded punitive damages
damages forsuch conduct
for such conduct
is determined
as is
as determinedto be made by malice, ffraud
to bemadebymalice, raudanddeceit;
and deceit;

TheCourt setthe
The Court set the temporary injunction
temporary injunction forhearing
for hearing a ndissue
and a temporary
issue a injunction which:
temporary injunction which:

692687.1
692687.1

Silverado Appx. 0074
No. 1-15-586-CV 24
 • Prohibits
Prohibits C Peterson Manley
arolPeterson
Carol Manley and/orDavidTroyPeterson
and/or David Troy Peterson or anyany
person purporting
person o be
purportingtto actingas
be acting theirfamily,
astheir family,officer, agent,servant,
officer, agent, servant,
employees
employees and/oractingin
and/or acting in concert or participation
or participation withhim,otherthan
with him, other than
Petitioners
from:
Petitioners from:

(i)
(i) Attemptingtto
Attempting o withdraw, pledge, encumber, transfer,
withdraw,pledge, transfer, g ift or
gift or
otherwise
otherwise remove
remove a nyfunds
any or other
funds or assetshheld
other assets eldin
in any depository
anydepository
accounthheld
account eldin depository
anydepository
in any account heldin
accountheld CarolPeterson
in Carol Peterson
Manleyaand/or
Manley nd/orD avidTroyPeterson’s
David name oron
Troy Peterson's name whichRuby
or on which RubyS. S.
Petersonwas or is
Peterson is a signatory;

(ii)
(ii) Attempting
Attempting to to conceal, spend,transfer,
conceal, spend, pledge, deposit,
transfer, pledge, deposit, gift,sell or
gift, sell or
otherwise isposeof
otherwiseddispose funds,assets
anyfunds,
of any CarolPeterson
assetsCarol Manley
Peterson Manley
and/or
and/or David
David TroyPeterson
Troy Peterson has received
hasreceived and/or taken
and/or taken fromRuby
from Ruby
S.Peterson
S. orfrom
Peterson or accountinwhich
anyaccount
from any RubyS.
in which Ruby S.Peterson
Peterson wwasasor
or
is signatory,
is aa signatory, CarolPeterson
assetsCarol
orassets
or Peterson Manleyand/or
Manley DavidTroy
and/orDavid Troy
have purchased w
Petersonhavepurchased
Peterson with funds received fromRubyS.
ith fundsreceived from Ruby S.
Peterson
Peterson ororher
her accounts;
accounts;

(iii)
(iii) Attempting
Attempting tocontact communicate
orcommunicate
to contact or withRuby S.Peterson,
with Ruby S. her
Peterson, her
family,aand/or
family, nd/orher caregivers
her caregivers in formor
anyform
in any method,
ormethod, without
without
supervision.
supervision.

OrdersCarol
•• Orders CarolP etersonM
Peterson anleyand/or
Manley and/or D avidTroyPeterson
David Troy Peterson tto to
returnto
o return
Petitioners within
forPetitioners
counsel for within 24hours ofitsTemporary
24 hours of Restraining
its Temporary Restraining Orderall
Order all
personal property w
personal property hichwas
which either p
was either urchased
purchased using money from
using money anyofRuby
from any of Ruby
S. Peterson’s
S. Peterson's fraudulently
orfraudulently
accounts or obtainedffrom
obtained romRubyS. Petersonor
Ruby S. Peterson or
which
which was takenfromRubyS.Peterson
was taken from Ruby S. Peterson or givento
orgiven CarolPeterson
toCarol Peterson Manley
Manley
and/or DavidTroy
and/orDavid Troy Peterson byRuby
Peterson by Ruby S.S.Peterson.
Peterson.

ProhibitsC
• Prohibits arolPeterson
Carol Peterson Manley
Manley and/orDavidTroyPeterson
and/or David Troy Peterson or any any
person
person or entitypurporting
or entity purporting tto beacting
o be actingas CarolPeterson
asCarol Peterson Manley and/or
Manleyand/or
DavidTroy
David TroyPeterson's officer, agent, employees
servant,employees
agent,servant, and/oractingin
and/or acting in
orparticipation
concertor
concert withthem
participation with them from attempting
fromattempting to conceal,
to conceal, spend,transfer,
spend, transfer,
pledge, d eposit, g ift,sell
pledge, deposit, gift, sell or dispose of any funds, a ssetsCarol
or otherwise dispose of any funds, assets Carol
Peterson Manley
Peterson Manley and/orDavidTroyPeterson
and/or David Troy Peterson havehavepurchased withfunds
purchased with
received
received ffrom
romRuby
Ruby S.S.Peterson or her
Peterson or accounts.
her accounts.

(c)Forsuch
(c) andfurther
otherand
For such other relieftotowhich
further relief which Petitioners
Petitioners showthemselves
mayshow
may themselves
andtheProposed
and the Proposed Ward justly entitled a
Wardjustlyentitled ndinthebestinterest
and oftheProposed
in the best interest of the Proposed
Ward.
Ward.

692687.1
692687.1

Silverado Appx. 0075
No. 1-15-586-CV 25
 submitted,
Respectfully submitted,
0

By: /s/Michael
By: Is/ Michael A.
A. Hirsch
MICHAEL
MICHAEL A. H IRSCH
HIRSCH
109North
109 North Post OakLane,
Post Oak Suite300
Lane, Suite 300
Houston,
Houston, Texas 77024
Texas 77024
713/785-1700
713/785-1700
Facsimile
Facsimile Transmission
Transmission N0.
No.
713/785-2091
713/785-2091
CJ StateBar
BarN 09718200
CS State No.o.09718200

Attorney forPetitioners
Attorney for Petitioners
Mackey
Mackey G lenPeterson
Glen Peterson a nd
and
Dom1y
Donny Leslie
Leslie P eterson
Peterson

rn
rs

c;'?

692687.1
692687.1

Silverado Appx. 0076
No. 1-15-586-CV 26
TAB 6
 PROBATE
PROBATE COURT 1
NO.
NO. 4 27208
427208

INTHE
IN GUARDIANSHIP
THE GUARDIANSHIP OF
OF §§ PROBATE COURT
PROBATE COURT f,1))
RUBYS.
RUBY S.PETERSON,
PETERSON, § NUMBER
NUMBER ONE(1)
ONE (1) OF- |‘
y•

INCAPACITATED
INCAPACITATED § HARRIS COUNTY,
HARRIS COUNTY

U- ORDER
ORDER APPOINTING
APPOINTING ATTORNEY AD LITEM
AD LITEM

On this
On thisday
daycame
cameon
on forforconsideration,
consideration, TheCourt's
The Court’sown Motionfor
ownMotion the
for the
6 Appointment
Appointment of Attorney
of Attorney A
AddLitem pursuantto
Litem pursuant TexasEstates
to Texas Code1054.001,
EstatesCode andthe
1054.001, and the
ELJ Courtbbeing
Court eingof theopinion
of the thattheMotion
opinion that is well
the Motion is welltaken andshould
taken and should begranted;
be granted; it is,
it is,
therefore,
therefore,

C) ORDERED ADJUDGED
,,,ORDERED ADJUDGEDand DECREEDby
and DECREED theCourt
by the Court AhAtt
I c.. 0 4Z6 /Ids , telephone
telephone n umber:
number: - 55; ) 144-
faxnumber: ,
fax number: —11 - 01? anattorney
an dulylicensed
attorneyduly licensed ttoo practice inthe
practicein the
Stateof
State ofTexas andbefore
Texas and thisCourt
before this beappointed
Court be Attorney
appointed Attorney AdLitem
Ad pursuant
Litem pursuant Texas
toTexas
to
Estates
Estates CCode ode1054.001
1054.001 torepresent
to theinterests
represent the oftheProposed
interests of the Proposed Ward.
Ward.

ITIS thatpursuant
IT IS FURTHER ORDERD that pursuant Texas
toTexas
to Estates
Estates Code1054.001
Code 1054.001and
and
pursuant
pursuant to HIPAARegulations
to HIPAA Regulations 45CFR§ 164.512(e)(1)(i)
45 CFR § 164.512(e)(1)(i) (2002),that
(2002), thattheHealth Care
the Health Care
Organization
Organization Physician
or Physician ppresented
resented withthisOrder
with this Order shallgivetheAttorney
shall give the Attorney AdAdLitem
Litem
completeaccess
complete access to Proposed
to Proposed Ward’s
Ward's Protected
Protected HealthInformation
Health Information including,
including, butnot
but not
limitedto,
limited medical
to,medical records,
records, psychological
psychological recordsand
records andintellectual
intellectual testing recordsthat
testing records thatare
are
datedwithin
dated within thelast 12months
the last 12 months fromfromthedateof thisOrder
the date of this andup
Order and upto andincluding
toand including
Protected
Protected HealthInformation
Health Information thepresent
tothe
to dateofthisorder
presentdate ispresented.
of this order is presented.

ITISFURTHER
IT ORDERED
IS FURTHER ORDERED thattheabove-appointed
that Attorney
the above-appointed Attorney A
AddLitem shall
Litem shall
begiven complete
be given complete access Proposed
accessttoo Proposed Ward’s financial
Ward's financial records
records including,
including, butnot
but limited
notlimited
to, recordsfrom
to, records fromallbank investment
accounts,investment
all bank accounts, retirementand
accounts,retirement
accounts, andemployee benefit
employee benefit
accounts,andcreditand
accounts, and credit and detn?ecords.

SIGNEDthis daydayofFebruary,
SIGNED of February, 2014.

1112PiLiALE
UDGE 'RESIDING

Silverado Appx. 0077
No. 1-15-586-CV108
TAB 7
 1

1 APPELLATE COURT CASE NO. 01-15-00567-CV AND 01-15-00586-CV

2 TRIAL COURT CASE NO. 427,208 & 427,208-401
FILED IN
1st COURT OF APPEALS
3 HOUSTON, TEXAS
9/15/2015 10:04:54 AM
4 IN THE GUARDIANSHIP * IN THE PROBATE COURT OF
CHRISTOPHER A. PRINE
Clerk
5 *

6 RUBY PETERSON, * HARRIS COUNTY, T E X A S

7 *

8 INCAPACITATED ADULT * COURT NUMBER (1) ONE

9

10 MOTION FOR INDEPENDENT MEDICAL EXAMINATION

11 AND MOTION FOR COSTS HEARING

12

13 Came to be heard on this the 27th day of March,

14 2014, Motion For Independent Medical Examination and Motion for

15 Costs Hearing, in the above-entitled and numbered cause, and

16 all parties appeared in person and/or being represented by

17 Counsel of Record, before the Honorable Loyd Wright, Judge

18 Presiding.

19

20 -
VOLUME _2_ OF 13

21

22 O R I G I N A L

23

24

25

Silverado Appx. 0078
RR Vol. 2
 2

1 APPEARANCES

2 ATTORNEY FOR PLAINTIFFS, MACKEY GLEN PETERSON, DON
LESLIE PETERSON AND LONNY PETERSON:
3
Michael Hirsch
4 State Bar No. 09718200
109 N. Post Oak Lane, Suite 300
5 Houston, Texas 77024
Telephone: (713)785-1700
6
ATTORNEY FOR DEFENDANTS/MOVANTS, CAROL ANN MANLEY
7 AND DAVID PETERSON:

8 Sarah Patel Pacheco
State Bar No. 00788164
9 1401 McKinney Street
1700 Five Houston Center
10 Houston, Texas 77010
Telephone: 713-658-2323
11

12 ATTORNEY AD LITEM FOR RUBY PETERSON:

13 W. Russ Jones
State Bar No. 10968050
14 5177 Richmond Ave, Suite 505
Houston, Tx 77056-6775
15 Telephone: 713-552-1144

16

17

18

19

20

21

22

23

24

25

Silverado Appx. 0079
RR Vol. 2
 3

1 CHRONOLOGICAL INDEX

2 Page

3 Attorneys' Arguments on Motion for IME

4 and Motion for Costs Hearing............................. 4

5 Court recesses........................................... 26

6 Court Reporter's Affidavit............................... 27

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Silverado Appx. 0080
RR Vol. 2