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FILED IN THE py}:
STRICT
- OKLAHOMA COUNTY, Ont
IN THE DISTRICT COURT OF OKLAHOMA CITY
STATE OF OKLAHOMA MAR 3 0 2007
PATRICIA PR
IN THE MATTER OF ESTATE OF __) Eby. ERK
) NO. PB-2007-75 “++ Beputy
RONALD S. HEFNER, )
)
DECEASED
COMBINED OBJECTION TO WAIVER OF INVENTORY AND OBJECTION TO
WAIVER OF BOND BASED ON STANDING AS A SURVIVING GENERAL PARTNER
OR IN THE ALTERNATIVE CREDITOR OF THE ESTATE
COMES NOW, Brian Bradley (“Bradley”), the surviving general partner of Ronald Hefner,
or in the alternative a creditor of the Estate, and offers his Combined Objection to Waiver of
Inventory and Objection to Waiver Bond. In support of the same, Bradley shows the Court as
follows:
STATEMENT OF THE CASE
In approximately 1992, Ronald Hefner and Brian Bradley began a committed cohabitant
relationship that lasted until Hefner’s death in late 2007. During their fifteen years together,
Bradley and Hefner lived together, provided for each and shared both the benefits and detriments of
their partnership. During the entire partnership Bradley was employed and contributed his income
to the well-being of both Hefner and himself. This included providing health insurance for Hefner
which would prove extremely valuable later in the partnership. Hefner was employed only
sparingly during the partnership, instead relying on Bradley, to a certain extent, to contribute to the
costs and expenses of their cohabitation. However, in approximately 1999, Hefner received
windfall in the form of an inheritance from his father. In 2001, Hefner utilized said inheritance to
purchase a residence at 2208 N.W. 27° Oklahoma City, Oklahoma (the “Residence”). He and
Bradley lived there together until Hefner’s death.
During their time at the Residence, Bradley and Hefner shared costs and expenses whichadded to the value to the Residence. Also during that time, Hefner and Bradley acquired a
significant amount of personal property items together including a houseboat (the “Houseboat”).
At the time of Hefner’s death, both the Residence and the Houseboat were filled with personal
property jointly acquired by Hefner and Bradley and personal property which was solely
acquired by Bradley.
In or around 2002, Bradley began a new job which not only increased the amount of
income he could contribute to the furtherance of the partnership, but also provided both he and
Hefner health insurance through premiums paid for solely by Bradley. During the last two and
one half years, Hefner required approximately $2,500.00 a month in prescription medicine, and
in the last year of his life, Hefner, suffering the illness which would culminate in his death,
incurred in excess of $500,000.00 in medical bills. All of Hefner’s prescription medicine and
medical bills, approximately $575,000.00, were paid by the insurance Bradley contributed to the
partnership.
Hefner died on January 13, 2007. Eleven days after Hefner’s death, January 24, 2007,
Hefner’s sister, Shari Kimbro (“Petitioner”) petitioned this Court to be issued Letters of
Administration. This Court issued Letters of Administration to Petitioner the same day to serve
without bond. This Court further found that no inventory of the assets of Hefner’s would be
necessary.
Hefner’s partner of fifteen years, Bradley, was given no notice of any of these actions by
the Petitioner. Since being issued Letters of Administration, Kimbro has demanded property
from Bradley, demanded the combination lock code to the Houseboat, then changed the same,
and demanded that Bradley vacate the Residence by March 31, 2007., is a creditor of the Estate
NARCO Clients\Bradley, Brian\Motion.2.docof Ronald Hefner. Given their joint living and expense partnership, wherein both contributed
profits and assets and together suffered losses and detriments, Bradley and Hefner’s relationship
must be viewed for all practical purposes as partnership of which Bradley is the surviving
partner,
BRIEF IN SUPPORT OF THE DETERMINATION OF A GENERAL PARTNERSHIP
BETWEEN HEFNER AND BRADLEY AND
DETERMINATION OF PARTNERSHIP ASSETSS
1. BRADLEY AND HEFNER FORMED A GENERAL PARTNERSHIP DURING
THEIR LIFE TOGETHER.
Under Oklahoma law, the essential elements of a partnership are (1) intent to form the
same, (2) general participation in both profits and losses and (3) such community of interest as
far as third persons are concemed, as enables each party to make contracts, manage businesses,
and dispose of property. Dowdy v. Clausewitz, 361 P.2d 288, (Okla. 1961). Further, “an
undertaking by two or more persons to combine their property or labor in the conduct of a
particular line or general business, for joint profit, creates the status of a partnership.” O.K.
Boiler and Welding, Co. v, Minnetonka Lumber Co., 229 P. 1045, 1047 (Okla. 1924). Applying
these Standards of Oklahoma Law to the relationship between Hefner and Bradley it is clear that
through their actions during their sixteen year relationship, they formed a partnership.
A. Bradley and Hefner Intended to be Partners
“Every partnership rests on the mutual consent of the members. Karrick v. Hannaman,
168 U.S. 328, 18 S. Ct. 135, 42 L.Ed. 484. There are many facts in this matter which tend to
show that Bradley and Hefner intended to be partners. During their sixteen years together they
shared the benefits and expenses of the operation of their family unit. Bradley brought steady
income into the family unit during the entire sixteen year relationship. This income was used to
3
NARCO Clients\Bradley, Brian\Motion.2.docbenefit both members of the partnership in paying bills and otherwise maintaining the family
unit. Hefner was not employed during a substantial portion of the sixteen year partnership, but
relied on Bradley for the steady income provided by him. However, Hefner was able to
contribute substantially in 2001, after the partnership had been in existence some nine years, by
purchasing the Residence. Once the Residence was purchased, the partners continued to
maintain it jointly as they had their previous domiciles with Bradley bringing home steady
income and paying a substantial portion of all bills as they came due. In 2002, through a change
of employment, Bradley’s income increased and he was able to contribute even more to the
bottom line of the partnership. This helped to allow the parties to purchase the Houseboat and
fill it with personal property. More importantly, Bradley was also able, through his new
employer, to purchase a comprehensive health insurance policy for Hefner and himself for which
Bradley paid the monthly premiums, never seeking reimbursement only doing it to contribute to
the partnership.
As Hefner began to get ill, all of his medical expenses, including an approximately
$2,500.00 per month medication bill, were paid by Bradley’s insurance. In total, these expenses
exceeded $575,000.00. More importantly as Hefner’s health began to wane, he executed several
documents which clearly expressed his intent regarding his relationship with Bradley. Exhibit
“A” is Durable Power of Attorney executed by Hefner in favor of Bradley where Bradley is
clearly listed as Hefner’s “partner.” Exhibit “B” is an Oklahoma Advance Directive for Health
Care executed by Hefner appointing Bradley his Health Care Proxy. Hefner’s intent was clear
that based on their sixteen year beneficial relationship together, he saw and intended Bradley to
be his partner.
NARCO Clients\Bradley, Brian\Motion.2.docB. Bradley and Hefner Participated in Both the Profits and Losses of Their
Partnership.
Many of the facts outlined above clearly demonstrate that Bradley and Hefner
participated in both the profits and losses of their partnership. To begin, as stated earlier, Bradley
was the only partner who brought steady income into the partnership during its entire existence,
The partnership enjoyed this profit and further benefitted when it increased as Bradley obtained a
better job. Hefner, although he did not bring in a steady income for a substantial portion of the
partnership, did receive a windfall inheritance upon the death of his father. He insured that the
profit was enjoyed by both he and Bradley by purchasing the Residence where both he and
Bradley lived and by purchasing the Houseboat that both maintained and enjoyed. As has been
discussed above, both parties were responsible for the debts of the partnership and both took
actions to see those debts satisfied. Finally, the single greatest debt incurred by the partnership,
Hefner’s medical expense which totaled approximately $575,000.00 was born by Hefner’s health
insurance which was brought to the partnership solely by the actions of Bradley. It is clear that
whatever befell this partnership during its sixteen year existence, be it financial windfall or
extraordinary medical expenses, the partners experienced it together.
Cc Hefner and Bradley had a Unity of Interest as Far as Third Persons Where
Concerned.
Is clear in this matter that, to any third party, Hefner and Bradley were viewed as
partners. As shown, they represented themselves as such to everyone. This was not only shown,
as above, where Hefner completed documents such as a durable power of attorney and health
care proxy wherein he named Bradley his partner, but also the insurance obtained by Bradley for
Hefner. Exhibit “C” is an explanation of benefits from United Healthcare Service Center clearly
5
NARCO Clients\Bradley, Brian\Motion.2.doclisting Hefner listed as “Ronald (DP)” or domestic partner. It is clear that third partics understood
and held Bradley and Ronald to be partners, The partners also, as shown above, had a unity of
interest in that they shared both the incomes and expenses of their partnership. The partnership
was known and in the open, and third parties acted as such regarding it.
Given the unity of these three elements, it is clear that a partnership existed between
Hefner and Bradley. Hefner and Bradley, created it, participated in it and were benefited by it.
There relationship was a partnership.
Il. UPON THE DEATH OF HEFNER BRADLEY ASSUMED TITLED TO ALL
PARTNERSHIP PROPERTY.
Given that a partnership existed between Bradley and Hefner, upon the death of one
member of a partnership, “title to all partnership property both real and personal vests in the
surviving partner for the purpose of settling and liquidating partnership affairs. Taliaferro vy.
Reirdon, 126 P.2d 696, 699 (Okla. 1942). Oklahoma law mandates that, upon Hefher’s death, all
partnership property vested in Bradley including title to the Residence and the Houseboat
because as will be shown, both the Residence and the Houseboat, although titled in Hefner’s
name are partnership property. Had the inverse in this matter occurred and Bradley pre-deceased
Hefner all property titled in Bradley’s name which was acquired and maintained through the
joint efforts of Hefner and Bradley would also be partnership assets and title to the same would
also have vested to Hefner at Bradley’s death. Bradley will retain title in the entirety of the
partnership property until such time as the partnership affairs can be settled and it can be assured
that the partnership assets are evenly distributed.
Ill. ALL ASSETS OF HEFNER AND BRADLEY ARE PARTNERSHIP ASSETS
“In determining whether particular realty is partnership property or is individual property
6
NARCO Clients\Bradley, Brian\Motion.2.docof the partners, effect should be given to the intent of the partners as disclosed either by their
conduct or their agreement express or implied.” McMurtray v. Hamilton, 132 P.2d. 335 (Okla
1943) (emphasis added). As has been demonstrated supra, at all times Hefner and Bradley
treated all they owned as partnership assets. They jointly acquired utilized and maintained
property for the benefit of the partnership. This property, whether acquired by Bradley or Hefner
and whether maintained by the income of Bradley or Hefner was clearly property of the
partnership that they created. Rent was never charged and reimbursement never sought by either
Hefner or Bradley. It was clearly the parties’ intent, the parties’ implied agreement, that all
property was “their” property, was partnership property. Of course, partnership property would
include the Residence. As shown, although it was purchased by Hefner by means of his financial
windfall, it could not have been maintained with out Bradley’s contributions. Further, without
Bradley’s provision of insurance for Hefner it is clear that Residence would very quickly be
subject to adverse judicial process in order to satisfy Hefner’s substantial medical bills. As such,
because of the partnership, this is not the case.
As has been shown, it is very clear that Bradley and Hefner were in a committed fifteen
year partnership at the time of Hefner’s death. Each intended to be partners. Each participated in
both the profits and losses of their partnership and each had a unity of interest held out to third
parties that they were partners. Pursuant to that partnership, each brought in assets and incomes
which both sought and intended to be property of the partnership. Therefore, according to
Oklahoma law, the assets of both are the assets of the partnership. As such, upon Hefher’s death
Bradley assumed title to all assets until such time as a proper settling and distribution can be
made.
NARCO Clients\Bradley, Brian\Motion.2.docIV. IN THE ALTERNATIVE BRADLEY IS AT THE VERY LEAST A CREDITOR
OF THE ESTATE OF HEFNER.
Should this Court determine that Hefner and Bradley’s partnership is not entitled to the
protections granted partnerships under Oklahoma law, then at the very least; Bradley is a creditor
of the Estate of Hefner. Pursuant to the same Bradley anticipates filing a contingent creditor’s
claim based alternative nature of this objection. Bradley would seek satisfaction of his claim
against whatever assets this Court determines to be those of Hefner.
BRIEF IN SUPPORT OF OBJECTION TO WAIVER OF INVENTORY
Okla. Stat. tit. 50 § 281 states “The court must order the inventory or appraisement upon
presentation of a written demand by any heir, devisee, legatee, a creditor having filed a claim,
guardian, conservator, guardian ad litem, or other person having an interest in the estate.” As
shown, Bradley and Hefner during their lives together formed a partnership. Alternately Bradley
is, it at the very least, a creditor of Hefner’s Estate. In light of the same Bradley, as surviving
partner, claims all assets of the partnership until such time as it affairs can be settled and proper
distributions made. In the alternative, Bradley has also presented his claim to the Petitioner for
his contribution to he and Hefner’s joint living expenses during the last fifteen years. Based on
the claims made by Bradley, without a doubt, he has an interest, whether as legal owner pursuant
to the partnership or otherwise, in the property, real and personal, that the Petitioner has claimed
or, Bradiey fears, will claim is part of Hefner’s Estate. The Petitioner has made demand upon
Bradley to vacate the Residence which Hefner and Bradley maintained jointly as a partnership
asset and which Bradley is currently maintaining. Further, the Petitioner has changed the locks
on Houseboat which, while titled in Hefner’s name, was jointly maintained by Hefner and
Bradley as a partnership asset and is substantially filled with personal property acquired or
8
NARCO Clients\Bradicy, Brian\Motion.2.docpurchased by Bradley.
It is clear that the Estate’s affairs are inextricably intertwined with those of the
partnership and those of Bradley. What is and what is not the “property of the Estate” will, given
the recent actions of the Petitioner, become a contentious issue which must be resolved. As
such, the Petitioner must assert what property she claims is the property of Hefner’s Estate. This
will allow Bradley to determine both what property listed he disputes is property of the Estate
and the property against which he can have his creditor’s claim satisfied. Finally, given
Bradley’s unique position as both a surviving partner of the deceased and a potential creditor of
the Estate, he must have standing to demand that this Court order Petitioner to present an
inventory of all property that Petitioner claims is property of the Estate. Therefore, this Court
must order Petitioner to submit a proper inventory.
BRIEF IN SUPPORT OF OBJECTION TO WAIVER OF BOND
Okla. Stat. tit 58 § 171 states:
“Every person to whom letters testamentary or of administration are direct
to issue must, before receiving them, execute a bond to the State of Oklahoma
with two or more sufficient sureties, to be approved by the judge of the district
court. In form the bond must be joint and several, and the penalty must be in such
sum as the court shall order after this examination on oath the party applying and
any other persons, as to the probably value of the personal property and the
probably value of the annual rents from the real property and other circumstances
pertaining thereto. Provided however, the court may in its judgment make an
order that no bond shall be required if the circumstances indicate none is
necessary.”
This Court has already waived the requirement that Petitioner post a bond in this matter.
However, Bradley has taken this opportunity to inform the Court of the full circumstances
regarding this matter and urge this Court to require the posting of a bond. As has been stated,
Hefner and Bradley, via their partnership, jointly owned, acquired and maintained a significant
9
NARCO Clients\Bradley, Brian\Motion.2.docamount of personal property. Title to this property must be definitively determined.
Furthermore, Bradley has a legitimate claim to ownership of a significant portion of property
that, as surviving partner, he fears Petitioner will claim as property of the Estate. Further,
Petitioner has demanded that Bradley vacate his and Hefner’s Residence that Bradley is currently
maintaining. Petitioner has also changed the combination to the Houseboat jointly maintained by
both Bradley and Hefner filled with the partnership’s personal property. It is clear that Petitioner
is acting recklessly by gathering and securing all property possible to claim for the Estate with no
regard to Bradley’s rights. She should be ordered to post a bond to ensure that her acts do not
harm the Estate and do not harm any property interests which Bradley has.
CONCLUSION
It is clear that Bradley has an interest in this matter as a surviving general partner and
alternatively as a creditor of the Estate. As such he has rights which must be protected. In light
of the same he prays this Court Order Petitioner to submit a written inventory of the Assets of the
Estate of Ronald Hefner and post a bond of sufficient amount as to ensure performance of
Petitioner’s duties.
Respectfully,
By:
Richard C, Ogden, OBA #13749
T. Matthew Smith, OBA #20848
MULINIX OGDEN HALL
ANDREWS & LUDLAM PLLC
3030 Oklahoma Tower
210 Park Ave.
Oklahoma City, OK 73102
405-232-3800 Telephone
10
NARCO Clients\Bradley, Brian\Mation.2.docNARCO Clients\Bradley, Brian\Motion.2.doc
405-232-8999 (Facsimile)
Attorneys for Brian Bradley
11CERTIFICATE OF MAILING
[hereby certify that on theSaay of March, 2007, a true and correct copy of the above and
foregoing was mailed with postage fully prepaid thereon and sent via facsimile to the persons listed
below:
Robert R. Redwine
204 N. Robinson Ave, Ste 220
Oklahoma City, OK 73102
Facsimile (405) 239-2265
Attorney for Petitioner
Ridhard C. Ogden
NARCO Chients\Bradley, Brian\EOA.doc. DURABLE POWER OF ATTORNEY
OF
Ronald Ww: Hefner
ARTICLE I - APPOINTMENT OF AGENT
1.01 1, Ronald W, Hefner ("Principal"), hereby appoint
Agent ("Agent") and to exercise the powers set forth below. If t
reason, be unable to serve or to continue to serve as Agent, then I appoint
Agent ("Alternate Agent") to serve with the same powers,
to serve as my
shall ever, for any
as successor
1.02 By this document I immediately create a Durable Power of Attorney which shall not be affected by my
' subsequent disability or incapacity or the lapse of time.
1.03 If no Agent designated in this instrument is able or willing to serve or to continue to serve as my Agent, then
] request (i) that all desires ] have stated in this document be honored; (ii) all instructions given to any Agent acting under
this document be carried out; and (iii) to the extent permissible under applicable law, this document be treated as self-
executing and given the same force and effect as any other written expression of intent under applicable law.
ARTICLE II - BUSINESS
2.01 Upon my subsequent disability or incapacity, my Agent is authorized in my Agent's sole and absolute
discretion at any time, with respect to the management of my business affairs, as follows:
( To do all acts necessary to select living quarters; to hire and/or fire normal domestic help for the
operation of my household; to provide clothing, transportation, food and incidentals; and if necessary, to make all
arrangements, contractual or otherwise, for me at a hospital, hospice, nursing home, assisted living center,
convalescent home or similar establishment, or in my own residence, and to assure that all of my essential needs are
provided for at such a facility or in my own residence, as the case may be.
{2) To open, maintain or close bank accounts (including, but not limited to, checking accounts, savings
accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, other similar accounts or safe
deposit boxes with financial institutions.
(3) To sell, exchange, buy, invest, or reinvest any assets or property owned by me.
(4) To purchase and/or maintain insurance or annuity contracts, including life insurance upon my life
or of any other appropriate person.
(6) To enter into binding contracts on my behalf.
(6) To take any and all legal steps necessary to collect any amount or debt owed to me, or to sue or settle
any claim, whether made against me or asserted on my behalf against any other person or entity.
{7) To employ professional and business assistance as may be appropriate, including, but not limited
to, attorneys. accountants or real estate agents.
(8) To maintain and/or operate any business that I may own.
EXHIBIT
AL 1939168103 Adm Dt 12/21/06
HEFNER ,RONALD W
‘M /DOB 01/27/1965 Age 041
GAY, DATHAN D, MD Rm
AT ans
Q) To sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with
respect to any of my property (now owned or jater acquired), including, but not limited to, real estate and real estate
rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber
any homestead that I now own or may own in the future.
(10) To prepare, sign and file documents with any governmental body or agency, including, but not
limited to, federal, state or local tax returns.
The listing of specific powers is not intended to limit or restrict the general business powers granted in this Durable
Power of Attorney.
oar
ARTICLE Ill - HEALTH CARE
3.01 Upon my subsequent disability or incapacity, my Agent is authorized in my Agent's sole and absolute
discretion to exercise the powers granted herein relating to matters involving my health and medical care. In exercising such
powers, my Agent should first make reasonable efforts to discuss with me the specifics of any proposed decision regarding
my medical care and treatment if] am able to communicate in any manner, however rudimentary. My Agent shall give or
withhold such consent for me based upon any treatment choices that I have expressed while competent, whether under this
document or otherwise. If I have not expressed such a treatment choice when competent, then my Agent should make such
choice for me based upon what my Agent believes to be in my best interests based on a general understanding of my wishes.
Accordingly, my Agent is authorized as follows:
W To request, receive and review any information, verbal or written, regarding my personal affairs or
my physical or mental health, including medical and hospital records, and to execute any teleases or other documents
that may be required in order to obtain ‘such information, and to consent to the disclosure of such information to such
persons, organizations, firms, insurers or corporations as my Agent shall deem appropriate.
(2) To employ and discharge medical personnel, including, without limitation, physicians, psychiatrists,
dentists, nurses, and therapists as my Agent shai} deem necessary for my physical, mental and emotional well-being,
and cause to be paid to them reasonable compensation.
(3) To give or withhold consent to any medical procedure, test or treatment, including surgery; to
arrange for my hospitalization, convalescent care, hospice or home care; to summon paramedics or other emergency
medical personne] and seek emergency treatment for me, as my Agent shall deem appropriate; and under
circumstances in which my Agent determines that certain medical procedures, tests and treatments are no longer of
any benefit to me, or where the benefits are outweighed by the burdens imposed, to revoke, withdraw, modify or
change consent to such procedures, tests and treatments, as well as hospitalization, convalescent care, hospice or
home care which ] or my Agent have previously allowed or consented to or which may have been implied due to
emergency condition.
{4) To exercise my right of privacy and my right to make decisions regarding my medical treatment.
(5) To order or consent to whatever is appropriate to keep me as comfortable and free of pain as is
reasonably possible, including the administration of pain-relieving drugs of any kind or other surgical or medical
2 1939168103 Adm Dt 12/21/06
HEFNER ,RONALD W
M /DOB 01/27/1965 Age 041
TAY, DATHAN D, MD Rm
HAE ES 1procedures calculated to relieve my pain, including unconventional pain-relief therapies which my Agent believes
may be helpful.
(6) To grant, in conjunction with any instructions given under this Article, releases to hospital staff,
physicians, nurses and other medical and hospital administrative personnel, who act in reliance on instructions as
given by my Agent or who render written opinions to my Agent in connection with any matter described in this
Article, from all liability for damages suffered or to be suffered by me; to sign documents titled or purporting to be
a "Refusal to Treatment" and "Leaving Hospital Against Medical Advice” as well as any necessary waivers of or
releases from liability required by any hospital or physician to implement my wishes regarding medical treatment
or nontreatment.
a To make provision for disposal of my body upon my death including advance arrangements for my
‘ funeral and burial, as well as the purchase of a burial plot and marker, and such other related arrangements as my
Agent shall deem appropriate, if ] have not already done so myself.
(8) To consent to anatomical gifts which will take effect at my death to such persons and organizations
as my Agent shall deem appropriate and to execute such papers and do such acts as shall be necessary, appropriate,
incidental or convenient in connection with such anatomical gifts.
The listing of specific powers is not intended to limit or restrict the general healthcare powers granted in this Durable
Power of Attomey.
Signature of Principal
ARTICLE IV - LIFE-SUSTAINING MEDICAL TREATMENT
4.01 1 wish to live and enjoy life as long as possible. However, I do not wish to receive medical treatment that
will only prolong the process of my dying from a terminal condition or prolong an irreversible condition where I am
persistently unconscious. For purposes of this document, (i) "terminal condition” shall refen to a condition that is reasonably
expected to result in my death regardless of the treatment I may receive; and (ii) "persistently tinconscious” shall refer to an
irreversible condition in which thought and awareness of self and environment are absent. Therefore, if two (2) physicians
who are familiar with my condition have diagnosed me as having a terminal condition or being persistently unconscious, then
my Agent is authorized to:
dd) Direct that medical treatment which will only prolong the process of my dying or prolong a
persistently unconscious state (whether or not such treatment is directed toward my terminal condition) be withheld
or, if previously begun, to direct that such treatment be withdrawn;
(dD Request, require or consent to the writing of a "No-Code" or "Do Not Resuscitate" (“DNR”) order
by any attending physician;
(3) Give consent, by executing a DNR Consent Form to withhold or withdraw cardiopulmonary
resuscitation in the event I experience cardiac or respiratory arrest;
(4) Sign on my behalf any documents necessary to carry out the authorizations described in this
document (including waivers or releases of liability required by any healthcare provider) or revocations of any orders
or consents previously given on my behalf;
3. 1939168103 Adm Dt 12/21/06
HEFNER , RONALD W
M /DOB 01/27/1965 Age 041
JAY, DATHAN D, MD Rm
IAA OAT5) To require that the artificial administration of nutrition and/or hydration be withheld or, if previously
instituted, to require that they be discontinued.
4,02 In addition, my Agent is authorized to receive and retain custody of any instrument signed by me that is
effective under law to require the withdrawal or withholding of life sustaining treatment or procedures, including, but not
limited to, a "Living Will" and/or “Advance Directive For Health Care," and, if the circumstances described above authorizing
my Agent to require that life-sustaining treatment be withheld or withdrawn have occurred, then as an alternative or
supplement act, J authorize my Agent to deliver to my physicians, healthcare providers and other appropriate recipients, this
document and any other writings signed by me that express my desire under the circumstances to require the withholding
or withdrawal of medical treatment and to instruct such physicians, healthcare providers and other appropriate recipients to
act iramediately in accordance with my desires. ‘
4.03 I desire that my wishes be carried out through the authority given to my Agent by this document despite any
contrary feelings, beliefs or opinions of members of my family, relatives, friends, conservator or guardian. .
4.04 — Inexercising the authority granted to my Agent herein, my Agent shal] first follow the instructions of this
document and any other subsequent instructions, oral or written, that I may give my Agent while I am competent.
Notwithstanding such instructions, if I have not expressed such a treatment choice when competent, then my Agent should
make such choice for me based upon what my Agent believes to be in my best interests based on a general understanding
of my wishes.
The listing of specific powers is not intended to limit or restrict the general life-sustaining medical treatment powers
granted in this Durable Power of Attorney.
Signature of Principal
ARTICLE V - THIRD PARTY RELIANCE
5.01 For the purposes of inducing all persons, organizations, corporations and entities, including, but not limited
to, any physician, hospital, nursing home, insurer or other party to act in accordance with the instructions of my Agent as
authorized in this document, I hereby represent, warrant and agree:
(ly If this document is revoked or amended for any reason, 1, my estate, my heirs, successors and assigns
will hold any person, organization, corporation or entity (bereinafier referred to in the aggregate as “person")
harmless from any loss suffered or liability incurred by such person while acting in good faith in accordance with
the instructions of my Agent acting under this document prior to the receipt by such person of actual notice of any
such revocation or amendment.
{2) No person who acts in reliance upon any representation my Agent may make as to (i) the fact that
my Agent's powers are then in effect; (i) the scope of my Agent's authority granted under this document; (iii) my
competency at the time this instrument is executed; (iv) the fact that this document has not been revoked; or (v) the
fact that my Agent continues to serve as my Agent shall incur any liability to me, my estate, my heirs or assigns for
permitting my Agent to exercise any such authority.
(3) The powers conferred on my Agent by this document may be exercised by my Agent alone, and my
Agent's signature or act under the authority granted in this document may be accepted by persons as fully authorized
by me and with the same force and effect as if I were personally present and personally exercised the powers myself,
and shal! inure to the benefit of and bind me, my estate, my heirs, assigns and personal representatives.
4.
1939168103 Adm Dt 12/21/06
HEFNER ,RONALD W
M /DOB 01/27/1965 Age 041
SAY, DATHAN D, MD Rm(4) J hereby authorize all physicians and psychiatrists who have treated me, and all other providers of
healthcare, including hospitals, to release to my Agent all information or photocopies of any records which my Agent
may request. If I am incompetent at the time my Agent may request such information, all persons are authorized to
treat any such request for information by my Agent as the request of my legal representative and to honor such
requests on that basis. To that extent, I hereby waive all privileges which may be applicable to such information and
records and to any communication pertaining to me and made in the course of any confidential relationship
recognized by law. My Agent may also disclose such information to such persons as my Agent shall deem
appropriate.
5.02 My Agent is fully authorized and empowered to seek on my behalf at my expense:
qd) A declaratory judgment from any court of competent jurisdiction interpreting the validity of this
document or any of the acts authorized by this document; but such declaratory judgment shall not be necessary in
order for my Agent to perform any act authorized by this instrument; or
2) A mandatory injunction requiring compliance with my Agent's instructions by any person obligated
to comply with instructions given by me or my Agent; or
QB) Actual and punitive damages against any person obligated to comply with instructions given by me
or my Agent who negligently or willfully fails or refuses to follow such instructions.
ARTICLE VI - ADMINISTRATIVE PROVISIONS
6.01 My Agent shall be entitled to reimbursement for all reasonable costs and expenses actually incurred and paid
by my Agent on my behalf under any provision of this document, bul my Agent shall not be entitled to compensation for
services rendered hereunder.
6.02 My Agent and my Agent's estate, heirs, successors and assigns, acting in good faith, are hereby released and
forever discharged from any and all liability (civil, criminal, administrative or disciplinary) and from all claims or demands
of all kinds whatsoever by me or my estate, heirs, successors, and assigns arising out of the acts or omissions of my Agent,
except for willful misconduct or gross negligence.
6.03 My Agent shall have no responsibility to monitor on any regular basis the state of my physical health or
mental capacity to determine if any actions need to be taken under this document.
6.04 My Agent shall be entitled to sign, execute, deliver and acknowledge any contract, lease, deed, or other
document that may be necessary, desirable, convenient or proper in order to exercise any of the powers described in this
document and to incur reasonable costs in the exercise of such powers.
6.05 If any part of any provision in this document shall be invalid or unenforceable under applicable law, such
part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such
provision or the remaining provisions of this document.
6.06 This instrument shall be governed by the Jaws of the State of Oklahoma in all respects, including its validity,
construction, interpretation, and termination. 1 intend for this Durable Power of Attorney to be honored in any jurisdiction
where it may be presented.
5. 1939168103 Adm Dt 12/21/06
HEFNER , RONALD W
M /D0B 01/27/1965 Age 041
JAY, DATHAN D, MD Rm
(OLA A6.07 This document may be amended or revoked by me, and my Agent and any Alternate Agent may be removed
by me at any time by the execution by me of a written instrument of revocation, amendment or removal delivered to my
Agent and to ail Alternate Agents.
6.08 My Agent and any Altemate Agent may resign by the execution of a written resignation delivered to me or,
if | am mentally incapacitated, by delivery to the personal representative of my estate, and absent such person, then to any
person with whom I am residing or who has the care and custody of me, or in the case of the resignation of an Alternate
Agent, by delivery to my Agent. The incapacity of my Agent or any Alternate Agent shall be deemed a resignation by such
individual as Agent or alternate Agent as the case may be.
6.09 My Agent is authorized to make photocopies of this instrument as frequently and in such
quantity as my Agent shall deem appropriate. All photocopies shall have the same force and effect as any
original. 1 specifically direct my Agent to have a photocopy of this document placed in my medical records
if such a copy does not already constitute a part of my medical records.
6.10 This Durabie Power of Attorney shall be in effect until it is revoked, and I understand that
I may revoke this Durable Power of Attorney at any time.
6.11 l understand the full import of this Durable Power of Attorney and 1 am emotionally and
mentally competent to make the same. ' .
IN woe WHEREOF, I have executed this Durable Power of Attorney this 3 rd day of, davary
, 200_4
@ » Principal
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
Before me, the undersigned, a Notary Public in and for said County and State, on this 3A aay of
¢ Taare. cs , 200%, personally appeared Ronald wi Hefner, known to me to be the person whose
name is subscribed to this instrument as Principal and acknowledged that he/she executed the same of his/her
own free will. Given under my hand and seal of office the day and year last above written.
wt, Notary Publi
& eS lotary Public
f er
(ea
oh 208) 6Q-00259%01%001127-CS-07024 12 N
OFK8 11080524
UNITED HEALTHCARE INSURANCE COMPANY . .
. GREENSBORO SERVICE CENTER UnitedHealthcare
‘AUrtsiHeaith Group Company
PG BOX 740800
ATLANTA, GA 30374-0800
PHONE: (866) 501-3068
HEALTH STATEMENT
805099553 01/02/2007 - 01/24/2007
Page 1O0f 4
BRIAN BRADLEY
2208 NW 27TH
OKLAHOMA CITY, OK 73107 Visit www.myuhc.com
for more detail on account
balances and activity
( Weight Tip: More Steps, tess)
Bites
i Adults gain on average two pounds per
i year, Researchers have figured out that
Family N/A N/A N/A
peoplé would have to consume an excess
of 100 calories per day to support this
gain. Therefore, all we need to do is
somehow subtract those 100 calories.
Taking the stairs or parking further
from your destination are great ways to
burn more calories, and just taking
a three fewer bites of a premium burger
Family N/A N/A N/A will also save you 100 calories
RONALD(DP) N/A N/A N/A
RONALD (DP) N/A N/A N/A
Balances may not match what is on your personal website.
en last page for more helpful satermation
RONALD( DP) 12/21/06
#0152521946001
| MEDICAL
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RONALD( DP } on = 12/21/06
#0151960517501
MEDICAL
RONALD (DP ) from 12/21/06:
12/29/06
#0151694989101 1,061.63
MEDICAL
RONALD(DP ) fram 12/21/06
12/26/06
#40151564174601
MEDICAL
BRIAN(EE) on 12/21/06 D1
#0151300354501 a
J_ CANNON
MEDICAL
EXHIBIT
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Preview
FILED IN THE py}: STRICT - OKLAHOMA COUNTY, Ont IN THE DISTRICT COURT OF OKLAHOMA CITY STATE OF OKLAHOMA MAR 3 0 2007 PATRICIA PR IN THE MATTER OF ESTATE OF __) Eby. ERK ) NO. PB-2007-75 “++ Beputy RONALD S. HEFNER, ) ) DECEASED COMBINED OBJECTION TO WAIVER OF INVENTORY AND OBJECTION TO WAIVER OF BOND BASED ON STANDING AS A SURVIVING GENERAL PARTNER OR IN THE ALTERNATIVE CREDITOR OF THE ESTATE COMES NOW, Brian Bradley (“Bradley”), the surviving general partner of Ronald Hefner, or in the alternative a creditor of the Estate, and offers his Combined Objection to Waiver of Inventory and Objection to Waiver Bond. In support of the same, Bradley shows the Court as follows: STATEMENT OF THE CASE In approximately 1992, Ronald Hefner and Brian Bradley began a committed cohabitant relationship that lasted until Hefner’s death in late 2007. During their fifteen years together, Bradley and Hefner lived together, provided for each and shared both the benefits and detriments of their partnership. During the entire partnership Bradley was employed and contributed his income to the well-being of both Hefner and himself. This included providing health insurance for Hefner which would prove extremely valuable later in the partnership. Hefner was employed only sparingly during the partnership, instead relying on Bradley, to a certain extent, to contribute to the costs and expenses of their cohabitation. However, in approximately 1999, Hefner received windfall in the form of an inheritance from his father. In 2001, Hefner utilized said inheritance to purchase a residence at 2208 N.W. 27° Oklahoma City, Oklahoma (the “Residence”). He and Bradley lived there together until Hefner’s death. During their time at the Residence, Bradley and Hefner shared costs and expenses whichadded to the value to the Residence. Also during that time, Hefner and Bradley acquired a significant amount of personal property items together including a houseboat (the “Houseboat”). At the time of Hefner’s death, both the Residence and the Houseboat were filled with personal property jointly acquired by Hefner and Bradley and personal property which was solely acquired by Bradley. In or around 2002, Bradley began a new job which not only increased the amount of income he could contribute to the furtherance of the partnership, but also provided both he and Hefner health insurance through premiums paid for solely by Bradley. During the last two and one half years, Hefner required approximately $2,500.00 a month in prescription medicine, and in the last year of his life, Hefner, suffering the illness which would culminate in his death, incurred in excess of $500,000.00 in medical bills. All of Hefner’s prescription medicine and medical bills, approximately $575,000.00, were paid by the insurance Bradley contributed to the partnership. Hefner died on January 13, 2007. Eleven days after Hefner’s death, January 24, 2007, Hefner’s sister, Shari Kimbro (“Petitioner”) petitioned this Court to be issued Letters of Administration. This Court issued Letters of Administration to Petitioner the same day to serve without bond. This Court further found that no inventory of the assets of Hefner’s would be necessary. Hefner’s partner of fifteen years, Bradley, was given no notice of any of these actions by the Petitioner. Since being issued Letters of Administration, Kimbro has demanded property from Bradley, demanded the combination lock code to the Houseboat, then changed the same, and demanded that Bradley vacate the Residence by March 31, 2007., is a creditor of the Estate NARCO Clients\Bradley, Brian\Motion.2.docof Ronald Hefner. Given their joint living and expense partnership, wherein both contributed profits and assets and together suffered losses and detriments, Bradley and Hefner’s relationship must be viewed for all practical purposes as partnership of which Bradley is the surviving partner, BRIEF IN SUPPORT OF THE DETERMINATION OF A GENERAL PARTNERSHIP BETWEEN HEFNER AND BRADLEY AND DETERMINATION OF PARTNERSHIP ASSETSS 1. BRADLEY AND HEFNER FORMED A GENERAL PARTNERSHIP DURING THEIR LIFE TOGETHER. Under Oklahoma law, the essential elements of a partnership are (1) intent to form the same, (2) general participation in both profits and losses and (3) such community of interest as far as third persons are concemed, as enables each party to make contracts, manage businesses, and dispose of property. Dowdy v. Clausewitz, 361 P.2d 288, (Okla. 1961). Further, “an undertaking by two or more persons to combine their property or labor in the conduct of a particular line or general business, for joint profit, creates the status of a partnership.” O.K. Boiler and Welding, Co. v, Minnetonka Lumber Co., 229 P. 1045, 1047 (Okla. 1924). Applying these Standards of Oklahoma Law to the relationship between Hefner and Bradley it is clear that through their actions during their sixteen year relationship, they formed a partnership. A. Bradley and Hefner Intended to be Partners “Every partnership rests on the mutual consent of the members. Karrick v. Hannaman, 168 U.S. 328, 18 S. Ct. 135, 42 L.Ed. 484. There are many facts in this matter which tend to show that Bradley and Hefner intended to be partners. During their sixteen years together they shared the benefits and expenses of the operation of their family unit. Bradley brought steady income into the family unit during the entire sixteen year relationship. This income was used to 3 NARCO Clients\Bradley, Brian\Motion.2.docbenefit both members of the partnership in paying bills and otherwise maintaining the family unit. Hefner was not employed during a substantial portion of the sixteen year partnership, but relied on Bradley for the steady income provided by him. However, Hefner was able to contribute substantially in 2001, after the partnership had been in existence some nine years, by purchasing the Residence. Once the Residence was purchased, the partners continued to maintain it jointly as they had their previous domiciles with Bradley bringing home steady income and paying a substantial portion of all bills as they came due. In 2002, through a change of employment, Bradley’s income increased and he was able to contribute even more to the bottom line of the partnership. This helped to allow the parties to purchase the Houseboat and fill it with personal property. More importantly, Bradley was also able, through his new employer, to purchase a comprehensive health insurance policy for Hefner and himself for which Bradley paid the monthly premiums, never seeking reimbursement only doing it to contribute to the partnership. As Hefner began to get ill, all of his medical expenses, including an approximately $2,500.00 per month medication bill, were paid by Bradley’s insurance. In total, these expenses exceeded $575,000.00. More importantly as Hefner’s health began to wane, he executed several documents which clearly expressed his intent regarding his relationship with Bradley. Exhibit “A” is Durable Power of Attorney executed by Hefner in favor of Bradley where Bradley is clearly listed as Hefner’s “partner.” Exhibit “B” is an Oklahoma Advance Directive for Health Care executed by Hefner appointing Bradley his Health Care Proxy. Hefner’s intent was clear that based on their sixteen year beneficial relationship together, he saw and intended Bradley to be his partner. NARCO Clients\Bradley, Brian\Motion.2.docB. Bradley and Hefner Participated in Both the Profits and Losses of Their Partnership. Many of the facts outlined above clearly demonstrate that Bradley and Hefner participated in both the profits and losses of their partnership. To begin, as stated earlier, Bradley was the only partner who brought steady income into the partnership during its entire existence, The partnership enjoyed this profit and further benefitted when it increased as Bradley obtained a better job. Hefner, although he did not bring in a steady income for a substantial portion of the partnership, did receive a windfall inheritance upon the death of his father. He insured that the profit was enjoyed by both he and Bradley by purchasing the Residence where both he and Bradley lived and by purchasing the Houseboat that both maintained and enjoyed. As has been discussed above, both parties were responsible for the debts of the partnership and both took actions to see those debts satisfied. Finally, the single greatest debt incurred by the partnership, Hefner’s medical expense which totaled approximately $575,000.00 was born by Hefner’s health insurance which was brought to the partnership solely by the actions of Bradley. It is clear that whatever befell this partnership during its sixteen year existence, be it financial windfall or extraordinary medical expenses, the partners experienced it together. Cc Hefner and Bradley had a Unity of Interest as Far as Third Persons Where Concerned. Is clear in this matter that, to any third party, Hefner and Bradley were viewed as partners. As shown, they represented themselves as such to everyone. This was not only shown, as above, where Hefner completed documents such as a durable power of attorney and health care proxy wherein he named Bradley his partner, but also the insurance obtained by Bradley for Hefner. Exhibit “C” is an explanation of benefits from United Healthcare Service Center clearly 5 NARCO Clients\Bradley, Brian\Motion.2.doclisting Hefner listed as “Ronald (DP)” or domestic partner. It is clear that third partics understood and held Bradley and Ronald to be partners, The partners also, as shown above, had a unity of interest in that they shared both the incomes and expenses of their partnership. The partnership was known and in the open, and third parties acted as such regarding it. Given the unity of these three elements, it is clear that a partnership existed between Hefner and Bradley. Hefner and Bradley, created it, participated in it and were benefited by it. There relationship was a partnership. Il. UPON THE DEATH OF HEFNER BRADLEY ASSUMED TITLED TO ALL PARTNERSHIP PROPERTY. Given that a partnership existed between Bradley and Hefner, upon the death of one member of a partnership, “title to all partnership property both real and personal vests in the surviving partner for the purpose of settling and liquidating partnership affairs. Taliaferro vy. Reirdon, 126 P.2d 696, 699 (Okla. 1942). Oklahoma law mandates that, upon Hefher’s death, all partnership property vested in Bradley including title to the Residence and the Houseboat because as will be shown, both the Residence and the Houseboat, although titled in Hefner’s name are partnership property. Had the inverse in this matter occurred and Bradley pre-deceased Hefner all property titled in Bradley’s name which was acquired and maintained through the joint efforts of Hefner and Bradley would also be partnership assets and title to the same would also have vested to Hefner at Bradley’s death. Bradley will retain title in the entirety of the partnership property until such time as the partnership affairs can be settled and it can be assured that the partnership assets are evenly distributed. Ill. ALL ASSETS OF HEFNER AND BRADLEY ARE PARTNERSHIP ASSETS “In determining whether particular realty is partnership property or is individual property 6 NARCO Clients\Bradley, Brian\Motion.2.docof the partners, effect should be given to the intent of the partners as disclosed either by their conduct or their agreement express or implied.” McMurtray v. Hamilton, 132 P.2d. 335 (Okla 1943) (emphasis added). As has been demonstrated supra, at all times Hefner and Bradley treated all they owned as partnership assets. They jointly acquired utilized and maintained property for the benefit of the partnership. This property, whether acquired by Bradley or Hefner and whether maintained by the income of Bradley or Hefner was clearly property of the partnership that they created. Rent was never charged and reimbursement never sought by either Hefner or Bradley. It was clearly the parties’ intent, the parties’ implied agreement, that all property was “their” property, was partnership property. Of course, partnership property would include the Residence. As shown, although it was purchased by Hefner by means of his financial windfall, it could not have been maintained with out Bradley’s contributions. Further, without Bradley’s provision of insurance for Hefner it is clear that Residence would very quickly be subject to adverse judicial process in order to satisfy Hefner’s substantial medical bills. As such, because of the partnership, this is not the case. As has been shown, it is very clear that Bradley and Hefner were in a committed fifteen year partnership at the time of Hefner’s death. Each intended to be partners. Each participated in both the profits and losses of their partnership and each had a unity of interest held out to third parties that they were partners. Pursuant to that partnership, each brought in assets and incomes which both sought and intended to be property of the partnership. Therefore, according to Oklahoma law, the assets of both are the assets of the partnership. As such, upon Hefher’s death Bradley assumed title to all assets until such time as a proper settling and distribution can be made. NARCO Clients\Bradley, Brian\Motion.2.docIV. IN THE ALTERNATIVE BRADLEY IS AT THE VERY LEAST A CREDITOR OF THE ESTATE OF HEFNER. Should this Court determine that Hefner and Bradley’s partnership is not entitled to the protections granted partnerships under Oklahoma law, then at the very least; Bradley is a creditor of the Estate of Hefner. Pursuant to the same Bradley anticipates filing a contingent creditor’s claim based alternative nature of this objection. Bradley would seek satisfaction of his claim against whatever assets this Court determines to be those of Hefner. BRIEF IN SUPPORT OF OBJECTION TO WAIVER OF INVENTORY Okla. Stat. tit. 50 § 281 states “The court must order the inventory or appraisement upon presentation of a written demand by any heir, devisee, legatee, a creditor having filed a claim, guardian, conservator, guardian ad litem, or other person having an interest in the estate.” As shown, Bradley and Hefner during their lives together formed a partnership. Alternately Bradley is, it at the very least, a creditor of Hefner’s Estate. In light of the same Bradley, as surviving partner, claims all assets of the partnership until such time as it affairs can be settled and proper distributions made. In the alternative, Bradley has also presented his claim to the Petitioner for his contribution to he and Hefner’s joint living expenses during the last fifteen years. Based on the claims made by Bradley, without a doubt, he has an interest, whether as legal owner pursuant to the partnership or otherwise, in the property, real and personal, that the Petitioner has claimed or, Bradiey fears, will claim is part of Hefner’s Estate. The Petitioner has made demand upon Bradley to vacate the Residence which Hefner and Bradley maintained jointly as a partnership asset and which Bradley is currently maintaining. Further, the Petitioner has changed the locks on Houseboat which, while titled in Hefner’s name, was jointly maintained by Hefner and Bradley as a partnership asset and is substantially filled with personal property acquired or 8 NARCO Clients\Bradicy, Brian\Motion.2.docpurchased by Bradley. It is clear that the Estate’s affairs are inextricably intertwined with those of the partnership and those of Bradley. What is and what is not the “property of the Estate” will, given the recent actions of the Petitioner, become a contentious issue which must be resolved. As such, the Petitioner must assert what property she claims is the property of Hefner’s Estate. This will allow Bradley to determine both what property listed he disputes is property of the Estate and the property against which he can have his creditor’s claim satisfied. Finally, given Bradley’s unique position as both a surviving partner of the deceased and a potential creditor of the Estate, he must have standing to demand that this Court order Petitioner to present an inventory of all property that Petitioner claims is property of the Estate. Therefore, this Court must order Petitioner to submit a proper inventory. BRIEF IN SUPPORT OF OBJECTION TO WAIVER OF BOND Okla. Stat. tit 58 § 171 states: “Every person to whom letters testamentary or of administration are direct to issue must, before receiving them, execute a bond to the State of Oklahoma with two or more sufficient sureties, to be approved by the judge of the district court. In form the bond must be joint and several, and the penalty must be in such sum as the court shall order after this examination on oath the party applying and any other persons, as to the probably value of the personal property and the probably value of the annual rents from the real property and other circumstances pertaining thereto. Provided however, the court may in its judgment make an order that no bond shall be required if the circumstances indicate none is necessary.” This Court has already waived the requirement that Petitioner post a bond in this matter. However, Bradley has taken this opportunity to inform the Court of the full circumstances regarding this matter and urge this Court to require the posting of a bond. As has been stated, Hefner and Bradley, via their partnership, jointly owned, acquired and maintained a significant 9 NARCO Clients\Bradley, Brian\Motion.2.docamount of personal property. Title to this property must be definitively determined. Furthermore, Bradley has a legitimate claim to ownership of a significant portion of property that, as surviving partner, he fears Petitioner will claim as property of the Estate. Further, Petitioner has demanded that Bradley vacate his and Hefner’s Residence that Bradley is currently maintaining. Petitioner has also changed the combination to the Houseboat jointly maintained by both Bradley and Hefner filled with the partnership’s personal property. It is clear that Petitioner is acting recklessly by gathering and securing all property possible to claim for the Estate with no regard to Bradley’s rights. She should be ordered to post a bond to ensure that her acts do not harm the Estate and do not harm any property interests which Bradley has. CONCLUSION It is clear that Bradley has an interest in this matter as a surviving general partner and alternatively as a creditor of the Estate. As such he has rights which must be protected. In light of the same he prays this Court Order Petitioner to submit a written inventory of the Assets of the Estate of Ronald Hefner and post a bond of sufficient amount as to ensure performance of Petitioner’s duties. Respectfully, By: Richard C, Ogden, OBA #13749 T. Matthew Smith, OBA #20848 MULINIX OGDEN HALL ANDREWS & LUDLAM PLLC 3030 Oklahoma Tower 210 Park Ave. Oklahoma City, OK 73102 405-232-3800 Telephone 10 NARCO Clients\Bradley, Brian\Mation.2.docNARCO Clients\Bradley, Brian\Motion.2.doc 405-232-8999 (Facsimile) Attorneys for Brian Bradley 11CERTIFICATE OF MAILING [hereby certify that on theSaay of March, 2007, a true and correct copy of the above and foregoing was mailed with postage fully prepaid thereon and sent via facsimile to the persons listed below: Robert R. Redwine 204 N. Robinson Ave, Ste 220 Oklahoma City, OK 73102 Facsimile (405) 239-2265 Attorney for Petitioner Ridhard C. Ogden NARCO Chients\Bradley, Brian\EOA.doc. DURABLE POWER OF ATTORNEY OF Ronald Ww: Hefner ARTICLE I - APPOINTMENT OF AGENT 1.01 1, Ronald W, Hefner ("Principal"), hereby appoint Agent ("Agent") and to exercise the powers set forth below. If t reason, be unable to serve or to continue to serve as Agent, then I appoint Agent ("Alternate Agent") to serve with the same powers, to serve as my shall ever, for any as successor 1.02 By this document I immediately create a Durable Power of Attorney which shall not be affected by my ' subsequent disability or incapacity or the lapse of time. 1.03 If no Agent designated in this instrument is able or willing to serve or to continue to serve as my Agent, then ] request (i) that all desires ] have stated in this document be honored; (ii) all instructions given to any Agent acting under this document be carried out; and (iii) to the extent permissible under applicable law, this document be treated as self- executing and given the same force and effect as any other written expression of intent under applicable law. ARTICLE II - BUSINESS 2.01 Upon my subsequent disability or incapacity, my Agent is authorized in my Agent's sole and absolute discretion at any time, with respect to the management of my business affairs, as follows: ( To do all acts necessary to select living quarters; to hire and/or fire normal domestic help for the operation of my household; to provide clothing, transportation, food and incidentals; and if necessary, to make all arrangements, contractual or otherwise, for me at a hospital, hospice, nursing home, assisted living center, convalescent home or similar establishment, or in my own residence, and to assure that all of my essential needs are provided for at such a facility or in my own residence, as the case may be. {2) To open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, other similar accounts or safe deposit boxes with financial institutions. (3) To sell, exchange, buy, invest, or reinvest any assets or property owned by me. (4) To purchase and/or maintain insurance or annuity contracts, including life insurance upon my life or of any other appropriate person. (6) To enter into binding contracts on my behalf. (6) To take any and all legal steps necessary to collect any amount or debt owed to me, or to sue or settle any claim, whether made against me or asserted on my behalf against any other person or entity. {7) To employ professional and business assistance as may be appropriate, including, but not limited to, attorneys. accountants or real estate agents. (8) To maintain and/or operate any business that I may own. EXHIBIT AL 1939168103 Adm Dt 12/21/06 HEFNER ,RONALD W ‘M /DOB 01/27/1965 Age 041 GAY, DATHAN D, MD Rm AT ans Q) To sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or jater acquired), including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future. (10) To prepare, sign and file documents with any governmental body or agency, including, but not limited to, federal, state or local tax returns. The listing of specific powers is not intended to limit or restrict the general business powers granted in this Durable Power of Attorney. oar ARTICLE Ill - HEALTH CARE 3.01 Upon my subsequent disability or incapacity, my Agent is authorized in my Agent's sole and absolute discretion to exercise the powers granted herein relating to matters involving my health and medical care. In exercising such powers, my Agent should first make reasonable efforts to discuss with me the specifics of any proposed decision regarding my medical care and treatment if] am able to communicate in any manner, however rudimentary. My Agent shall give or withhold such consent for me based upon any treatment choices that I have expressed while competent, whether under this document or otherwise. If I have not expressed such a treatment choice when competent, then my Agent should make such choice for me based upon what my Agent believes to be in my best interests based on a general understanding of my wishes. Accordingly, my Agent is authorized as follows: W To request, receive and review any information, verbal or written, regarding my personal affairs or my physical or mental health, including medical and hospital records, and to execute any teleases or other documents that may be required in order to obtain ‘such information, and to consent to the disclosure of such information to such persons, organizations, firms, insurers or corporations as my Agent shall deem appropriate. (2) To employ and discharge medical personnel, including, without limitation, physicians, psychiatrists, dentists, nurses, and therapists as my Agent shai} deem necessary for my physical, mental and emotional well-being, and cause to be paid to them reasonable compensation. (3) To give or withhold consent to any medical procedure, test or treatment, including surgery; to arrange for my hospitalization, convalescent care, hospice or home care; to summon paramedics or other emergency medical personne] and seek emergency treatment for me, as my Agent shall deem appropriate; and under circumstances in which my Agent determines that certain medical procedures, tests and treatments are no longer of any benefit to me, or where the benefits are outweighed by the burdens imposed, to revoke, withdraw, modify or change consent to such procedures, tests and treatments, as well as hospitalization, convalescent care, hospice or home care which ] or my Agent have previously allowed or consented to or which may have been implied due to emergency condition. {4) To exercise my right of privacy and my right to make decisions regarding my medical treatment. (5) To order or consent to whatever is appropriate to keep me as comfortable and free of pain as is reasonably possible, including the administration of pain-relieving drugs of any kind or other surgical or medical 2 1939168103 Adm Dt 12/21/06 HEFNER ,RONALD W M /DOB 01/27/1965 Age 041 TAY, DATHAN D, MD Rm HAE ES 1procedures calculated to relieve my pain, including unconventional pain-relief therapies which my Agent believes may be helpful. (6) To grant, in conjunction with any instructions given under this Article, releases to hospital staff, physicians, nurses and other medical and hospital administrative personnel, who act in reliance on instructions as given by my Agent or who render written opinions to my Agent in connection with any matter described in this Article, from all liability for damages suffered or to be suffered by me; to sign documents titled or purporting to be a "Refusal to Treatment" and "Leaving Hospital Against Medical Advice” as well as any necessary waivers of or releases from liability required by any hospital or physician to implement my wishes regarding medical treatment or nontreatment. a To make provision for disposal of my body upon my death including advance arrangements for my ‘ funeral and burial, as well as the purchase of a burial plot and marker, and such other related arrangements as my Agent shall deem appropriate, if ] have not already done so myself. (8) To consent to anatomical gifts which will take effect at my death to such persons and organizations as my Agent shall deem appropriate and to execute such papers and do such acts as shall be necessary, appropriate, incidental or convenient in connection with such anatomical gifts. The listing of specific powers is not intended to limit or restrict the general healthcare powers granted in this Durable Power of Attomey. Signature of Principal ARTICLE IV - LIFE-SUSTAINING MEDICAL TREATMENT 4.01 1 wish to live and enjoy life as long as possible. However, I do not wish to receive medical treatment that will only prolong the process of my dying from a terminal condition or prolong an irreversible condition where I am persistently unconscious. For purposes of this document, (i) "terminal condition” shall refen to a condition that is reasonably expected to result in my death regardless of the treatment I may receive; and (ii) "persistently tinconscious” shall refer to an irreversible condition in which thought and awareness of self and environment are absent. Therefore, if two (2) physicians who are familiar with my condition have diagnosed me as having a terminal condition or being persistently unconscious, then my Agent is authorized to: dd) Direct that medical treatment which will only prolong the process of my dying or prolong a persistently unconscious state (whether or not such treatment is directed toward my terminal condition) be withheld or, if previously begun, to direct that such treatment be withdrawn; (dD Request, require or consent to the writing of a "No-Code" or "Do Not Resuscitate" (“DNR”) order by any attending physician; (3) Give consent, by executing a DNR Consent Form to withhold or withdraw cardiopulmonary resuscitation in the event I experience cardiac or respiratory arrest; (4) Sign on my behalf any documents necessary to carry out the authorizations described in this document (including waivers or releases of liability required by any healthcare provider) or revocations of any orders or consents previously given on my behalf; 3. 1939168103 Adm Dt 12/21/06 HEFNER , RONALD W M /DOB 01/27/1965 Age 041 JAY, DATHAN D, MD Rm IAA OAT5) To require that the artificial administration of nutrition and/or hydration be withheld or, if previously instituted, to require that they be discontinued. 4,02 In addition, my Agent is authorized to receive and retain custody of any instrument signed by me that is effective under law to require the withdrawal or withholding of life sustaining treatment or procedures, including, but not limited to, a "Living Will" and/or “Advance Directive For Health Care," and, if the circumstances described above authorizing my Agent to require that life-sustaining treatment be withheld or withdrawn have occurred, then as an alternative or supplement act, J authorize my Agent to deliver to my physicians, healthcare providers and other appropriate recipients, this document and any other writings signed by me that express my desire under the circumstances to require the withholding or withdrawal of medical treatment and to instruct such physicians, healthcare providers and other appropriate recipients to act iramediately in accordance with my desires. ‘ 4.03 I desire that my wishes be carried out through the authority given to my Agent by this document despite any contrary feelings, beliefs or opinions of members of my family, relatives, friends, conservator or guardian. . 4.04 — Inexercising the authority granted to my Agent herein, my Agent shal] first follow the instructions of this document and any other subsequent instructions, oral or written, that I may give my Agent while I am competent. Notwithstanding such instructions, if I have not expressed such a treatment choice when competent, then my Agent should make such choice for me based upon what my Agent believes to be in my best interests based on a general understanding of my wishes. The listing of specific powers is not intended to limit or restrict the general life-sustaining medical treatment powers granted in this Durable Power of Attorney. Signature of Principal ARTICLE V - THIRD PARTY RELIANCE 5.01 For the purposes of inducing all persons, organizations, corporations and entities, including, but not limited to, any physician, hospital, nursing home, insurer or other party to act in accordance with the instructions of my Agent as authorized in this document, I hereby represent, warrant and agree: (ly If this document is revoked or amended for any reason, 1, my estate, my heirs, successors and assigns will hold any person, organization, corporation or entity (bereinafier referred to in the aggregate as “person") harmless from any loss suffered or liability incurred by such person while acting in good faith in accordance with the instructions of my Agent acting under this document prior to the receipt by such person of actual notice of any such revocation or amendment. {2) No person who acts in reliance upon any representation my Agent may make as to (i) the fact that my Agent's powers are then in effect; (i) the scope of my Agent's authority granted under this document; (iii) my competency at the time this instrument is executed; (iv) the fact that this document has not been revoked; or (v) the fact that my Agent continues to serve as my Agent shall incur any liability to me, my estate, my heirs or assigns for permitting my Agent to exercise any such authority. (3) The powers conferred on my Agent by this document may be exercised by my Agent alone, and my Agent's signature or act under the authority granted in this document may be accepted by persons as fully authorized by me and with the same force and effect as if I were personally present and personally exercised the powers myself, and shal! inure to the benefit of and bind me, my estate, my heirs, assigns and personal representatives. 4. 1939168103 Adm Dt 12/21/06 HEFNER ,RONALD W M /DOB 01/27/1965 Age 041 SAY, DATHAN D, MD Rm(4) J hereby authorize all physicians and psychiatrists who have treated me, and all other providers of healthcare, including hospitals, to release to my Agent all information or photocopies of any records which my Agent may request. If I am incompetent at the time my Agent may request such information, all persons are authorized to treat any such request for information by my Agent as the request of my legal representative and to honor such requests on that basis. To that extent, I hereby waive all privileges which may be applicable to such information and records and to any communication pertaining to me and made in the course of any confidential relationship recognized by law. My Agent may also disclose such information to such persons as my Agent shall deem appropriate. 5.02 My Agent is fully authorized and empowered to seek on my behalf at my expense: qd) A declaratory judgment from any court of competent jurisdiction interpreting the validity of this document or any of the acts authorized by this document; but such declaratory judgment shall not be necessary in order for my Agent to perform any act authorized by this instrument; or 2) A mandatory injunction requiring compliance with my Agent's instructions by any person obligated to comply with instructions given by me or my Agent; or QB) Actual and punitive damages against any person obligated to comply with instructions given by me or my Agent who negligently or willfully fails or refuses to follow such instructions. ARTICLE VI - ADMINISTRATIVE PROVISIONS 6.01 My Agent shall be entitled to reimbursement for all reasonable costs and expenses actually incurred and paid by my Agent on my behalf under any provision of this document, bul my Agent shall not be entitled to compensation for services rendered hereunder. 6.02 My Agent and my Agent's estate, heirs, successors and assigns, acting in good faith, are hereby released and forever discharged from any and all liability (civil, criminal, administrative or disciplinary) and from all claims or demands of all kinds whatsoever by me or my estate, heirs, successors, and assigns arising out of the acts or omissions of my Agent, except for willful misconduct or gross negligence. 6.03 My Agent shall have no responsibility to monitor on any regular basis the state of my physical health or mental capacity to determine if any actions need to be taken under this document. 6.04 My Agent shall be entitled to sign, execute, deliver and acknowledge any contract, lease, deed, or other document that may be necessary, desirable, convenient or proper in order to exercise any of the powers described in this document and to incur reasonable costs in the exercise of such powers. 6.05 If any part of any provision in this document shall be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provision or the remaining provisions of this document. 6.06 This instrument shall be governed by the Jaws of the State of Oklahoma in all respects, including its validity, construction, interpretation, and termination. 1 intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be presented. 5. 1939168103 Adm Dt 12/21/06 HEFNER , RONALD W M /D0B 01/27/1965 Age 041 JAY, DATHAN D, MD Rm (OLA A6.07 This document may be amended or revoked by me, and my Agent and any Alternate Agent may be removed by me at any time by the execution by me of a written instrument of revocation, amendment or removal delivered to my Agent and to ail Alternate Agents. 6.08 My Agent and any Altemate Agent may resign by the execution of a written resignation delivered to me or, if | am mentally incapacitated, by delivery to the personal representative of my estate, and absent such person, then to any person with whom I am residing or who has the care and custody of me, or in the case of the resignation of an Alternate Agent, by delivery to my Agent. The incapacity of my Agent or any Alternate Agent shall be deemed a resignation by such individual as Agent or alternate Agent as the case may be. 6.09 My Agent is authorized to make photocopies of this instrument as frequently and in such quantity as my Agent shall deem appropriate. All photocopies shall have the same force and effect as any original. 1 specifically direct my Agent to have a photocopy of this document placed in my medical records if such a copy does not already constitute a part of my medical records. 6.10 This Durabie Power of Attorney shall be in effect until it is revoked, and I understand that I may revoke this Durable Power of Attorney at any time. 6.11 l understand the full import of this Durable Power of Attorney and 1 am emotionally and mentally competent to make the same. ' . IN woe WHEREOF, I have executed this Durable Power of Attorney this 3 rd day of, davary , 200_4 @ » Principal STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) Before me, the undersigned, a Notary Public in and for said County and State, on this 3A aay of ¢ Taare. cs , 200%, personally appeared Ronald wi Hefner, known to me to be the person whose name is subscribed to this instrument as Principal and acknowledged that he/she executed the same of his/her own free will. Given under my hand and seal of office the day and year last above written. wt, Notary Publi & eS lotary Public f er (ea oh 208) 6Q-00259%01%001127-CS-07024 12 N OFK8 11080524 UNITED HEALTHCARE INSURANCE COMPANY . . . GREENSBORO SERVICE CENTER UnitedHealthcare ‘AUrtsiHeaith Group Company PG BOX 740800 ATLANTA, GA 30374-0800 PHONE: (866) 501-3068 HEALTH STATEMENT 805099553 01/02/2007 - 01/24/2007 Page 1O0f 4 BRIAN BRADLEY 2208 NW 27TH OKLAHOMA CITY, OK 73107 Visit www.myuhc.com for more detail on account balances and activity ( Weight Tip: More Steps, tess) Bites i Adults gain on average two pounds per i year, Researchers have figured out that Family N/A N/A N/A peoplé would have to consume an excess of 100 calories per day to support this gain. Therefore, all we need to do is somehow subtract those 100 calories. Taking the stairs or parking further from your destination are great ways to burn more calories, and just taking a three fewer bites of a premium burger Family N/A N/A N/A will also save you 100 calories RONALD(DP) N/A N/A N/A RONALD (DP) N/A N/A N/A Balances may not match what is on your personal website. en last page for more helpful satermation RONALD( DP) 12/21/06 #0152521946001 | MEDICAL | RONALD( DP } on = 12/21/06 #0151960517501 MEDICAL RONALD (DP ) from 12/21/06: 12/29/06 #0151694989101 1,061.63 MEDICAL RONALD(DP ) fram 12/21/06 12/26/06 #40151564174601 MEDICAL BRIAN(EE) on 12/21/06 D1 #0151300354501 a J_ CANNON MEDICAL EXHIBIT O