Petition for Writ of Certiorari — Vicky West, on Behalf of Laura West, Petitioner v. Garnet Hill Rehabilitation and Skilled Care

FILED

SEP 2 8 2023

r» s

No.

IN THE SUPREME COURT OF THE UNITED STATES

Vicky West, POA obo Laura West

Petitioner,

vs.

Garnett Hill Rehabilitation Skilled Care,

et al

Respondent.

On Petition for a Writ

of Certiorari to The

Supreme Court Of The

United States

PETITION FOR A WRIT OF CERTIORARI

Vicky West, POA

obo Laura West

P. 0. Box 763878

Dallas, Texas 75376

Tel.: (214) 590-8211

Fax: (682) 222-7094

E-Mail:Vickywest@att.net

I.

Question Presented

I. Whether a legal executed POA, Pro Se which

is recognized by the judicial system can be

used in a C Court of law to assist or

represent indigent and incapacitated persons

if the POA is not a licensed attorney. How

can a petitioner receive fair representation

in the court of law if petitioner is

incapacitated and cannot walk or talk. The

POA who is caring for petitioner, who

cannot

walk or talk, should be able to represent her

or speak on her behalf.

IV

List of All Parties and Counsel at the Court Whose

Judgment is Sought to Be Reviewed.

Petitioner

Vicky West, POA

P.O. Box 763878

Dallas, Texas 75376

Respondent

Ruben Morin

Clerk of The Court

600 Commerce St

Suite 200

Dallas, Texas 75202

Laura West

P.O. Box 763878

Dallas, Texas 75376

Robert Mark

Russell& Wright,PLLC

15770 Dallas Parkway

Suite 1050

Dallas, Texas 75248

Hon.B .Lee Goldstein

600 Commerce St

Suite 200

Dallas, Texas 75202

Hon. Bill Pedersen, III

600 Commerce St.

Suite 200

Dallas, Texas 75202

Hon. Dale Tillery

34th Judicial Distr Crt

Suite 650

Dallas, Texas 75202

II

List of All Parties and Counsel at the Court Whose

Judgment is Sought to Be Reviewed

Hon. Raymond G. Wheless

Presiding Judge, 1st

Admin Judicial region

2100 Bloomdale Rd.,

Suite 30146

Mckinney, Texas 5071

Hon. Craig Smith

600 Commerce Street

Suite 200

Dallas, Texas 75202

III

I. Table of Contents

List of All Parties

li,111

I.

Question Presented

IV

II.

Table of Contents

v

III.

Table of Cited Authorities

IV.

V.

Petition for Writ .

Opinion and Orders

VI.

Statement of Jurisdiction

VII.

Statement of the Case

vi,vii

1

2-5

5

5, 6

VIII. Reason for Granting Writ

9

A. To allow A POA obo an indigent and

incapacitated person to mitigate the case against The

Garnett Hill Nursing Care Facility.

IX. Conclusion

10

X.

Appendix

11

XI. Exhibits

12

V

II.

Table of Authorities

Cases

Fehr -v- Commr-of -Internal Revenue 65 T.C. 346

(U.S.T.C.975

3

Harkins v. Murphy & Bolanz, 51 Tex. Civ. App.568, 112

,5

S.W. 136,138 .............................................................

Nickols v Morris 705 F. Supp 2d 579. 584

(N.D.TX 2010) .......................................................

4

Statue

28 U.S.C. 1254(1)

9

28 U.S.C.$1257(a)

5

Other Sources

Dodd Law Firm's PLC, Surprise, Arizona 85374

2

TLSC.ORG/SENIORS

3

Texas Estate Code Title 3 Subtitle T Chapter 1357

Subchapter A ........................................................................

3

Texas Estate Code Chapter 1151 Subchapter H

4

Powers of Attorney in Black Law Journal Vol. 66, No.

11, 11/92 pg. 1012-1013 ........................................................... 5

VI

Constitutional Provision

Article III of the Constitution

5

Exhibit 9-1-10

12

Rule

Tex. R. Civ. P.7

4,10

Tex. R. Civ.P App-Dallasv 1908, writ dism'd

5, 6

VII

III.

Petition For Writ

Laura West an incapacitated person who cannot walk or

talk was abused in the Garnett Hill Nursing Care

Facility/ POA Vicky West obo Laura West/respectfully

petitions this court for a writ of certiorari to

review the judgment of The Supreme Court of Texas,

and prayer to remand the case back to the Judicial

District Court of Dallas County for an opportunity

to receive fair representation for Ms. Laura West

and mediate her case.

VIII

IV.Opinions and Orders

District Court order dismissing the case was on

October 19, 2022, perceived to be because I am not a

licensed attorney, (attached)

Fifth Circuit Memorandum Opinion and Judgment

dismissing the Appeal was on January 10, 2023.

(attached)

Fifth Circuit Order denying the Motion for Extension

on Motion for Rehearing was on February 02, 2023.

(attached)

Fifth Circuit Order denying a timely Petition for

Rehearing on February 27, 2023. (attached)

Supreme Court Of Texas order denying Petition for

Review was on May 5, 2023.(attached)

Supreme Court of Texas Order denying Motion for

Rehearing was on June 30, 2023. (attached)

Dodd Law Firm's PLC,Surprise, Arizona 85374

statement on Power of attorney.

The Power of

attorney enables a designated individual to become an

attorney in fact or an agent. Petitioner, is a pro

Se litigant and/or power of Attorney, and an advocate

for an Individual, her mother, who is incapacitated

2

and does not have the ability to represent,or mediate

On her on behalf. Even though petitioner is not a

Licensed attorney,as stated by the court, petitioner

feel a power of attorney, which is a legal document

that gives the agent, the legal power to act on

anothers'behalf. A person does not have to be a lawyer

to be appointed an agent.

TLSC.ORG/SENIORS And In Fehr v. Commissioner of

Internal Revenue 65 T.C. 346 (U.S.T 1975)states

someone can be appointed a Personal representative,

executor or administrator over a principals affairs

if it is necessary to establish The capacity to

litigate on behalf of another if the principal cannot

be present. A power of attorney is also a less

restrictive alternative, to assisting mentally

or Physically impaired individuals in any

capacity,directing the court to determine whether

less restrictive alternatives can meet the needs of a

person other than Guardianship (See Texas Estate Code

3

Title 3 Subtitle

T Chapter 1357 Subchapter A and

Texas Estates Code Chapter 1151 Subchapter H)., Or a

Durable Power of Attorney, which is a general power

of Attorney that continues if the principal becomes

mentally or physically disabled or incapacitated.

A

Power of Attorney is an instrument and legal document

recognized by the courts to assist principals who

cannot represent themselves or someone to act on

Someone's behalf in a court of law when that person is

incapacitated, and especially in this case. Pro se

petitioner tried to obtain court appointed counsel,

but to no avail and could not afford private Counsel.

Nickols v Morris 705 F. Supp 2d 579. 584 (N.D.TX

2010). Under Texas Law a durable power of attorney may

be drafted broadly enough to include the power on the

part of the agent to bring claims and litigation for

4

F

i

i

a case to court. Powers of Attorney in Black Law

The principal,including empowering the agent to bring

j

Journal Vol. 66, No. 11, 11/92 pg. 1012-101.

V.

Statement of Jurisdiction

The Judgement of the Texas Supreme Court was entered

on May, 05, 2023, for case Number 23-0156, and a

Timely petition for rehearing was denied on June, 30,

i

i

l

ij

2023. The Supreme Court1 of the United States has

jurisdiction over any question of Law under Article III

of the Constitution and 28 U.S.C.1257(a).

VI.

Statement of the Case

POA, Vicky Wests' mother was at the Garnet Hill

Nursing Care Facility in Wylie, Texas, for

rehabilitation from brain surgery. While a patient

there, Ms. West did not receive proper care. Ms. West

never cries and I notice a big change in her behavior

when I left her in the nursing home. She would cry and

scream in pain which she did not do very frequent. POA

5

not properly taking care of Ms. West. Due to Garnet

Hill Facility saying something to another nursing home

we were trying to get she didn't get the only one

Medicaid bed so hospital stated continue to look but

will have to send her back due to insurance on her

admission. Ms. West returned back to facility from

The hospital with verbal orders and discharge

instruction from the surgery team. The nursing home

nurses needed to drain the c-tube and clean skin. They

chose not to follow UTSW Doctors' orders when she was

re-admitted back to the nursing home on multiple

occasions, so immediately the C-tube in the gall

bladder and gtube was not properly cleaned and got

re-infected. Her diapers needed to be changed

periodically and staff left her in extremely soiled

diapers for hours. There was a severe Incident with

a pillow being placed over her face on several

occasions, that I had to threaten the nursing home

7

staff that I would call the fire department because

they would not respond for hours to remove the pillow

off her face. She could have died with the pillow over

her face/head by suffocation. She can't move her hands

and other parts of her body. Since so much neglect was

detected, cameras were placed in her room. Ms. West,

Supervisory Therapy staffing refused to do therapy

with her. So Ms. West never learned how to walk, talk

or eat again after the brain surgery due to not

receiving proper therapy which was critical for her

rehabilitation. Ms. West always received some type of

therapy when she was admitted to UTSW Hospital and she

did well. The neurosurgeon stated If Garnet Hill

Rehabilitation Skill Care would have given her the

therapy and treatment she needed, she may have been

able to recover from brain surgery, walk, talk and eat

again,but they refused to give her treatment. Ms.

Laura West is still fighting for her life due to all

8

of the neglect that she endured.

See Exhibits of Nursing home neglect

VII.

REASONS FOR GRANTING THE WRIT

To allow A POA obo an indigent and incapacitated

Person, to mitigate her case against The Garnett Hill

Nursing Care Facility in court and make an exception

to Texas Rule of Civil Procedure 7.

9

VIII.

Conclusion

For the foregoing reasons POA,

Vicky West obo Laura

West requests this court issue a Petition For Writ of

Certiorari to review the Judgment of The Supreme Court

of Texas DATED this 2nd day of October.

Pray to the

courts

back

to

allow

case

to

be

remanded

to

the

Judicial District Court of Dallas County to mediate

the case.

Respectfully submitted

Vicky West, POA obo Laura

West

P. 0. Box 763878

Dallas, Texas 75376

Tel.: (214) 590-8211

Fax: (682) 222 -7094

E-Mail:

vickywest@att.net

10