Jury determined that son breached fiduciary duty to mother by inducing her to revoke trust and appoint him as power of attorney when she lacked capacity. Son admitted that mother could not manage her finances when she revoked trust.

Good summary of legal and factual sufficiency standards. // Fiduciaries may not benefit from their own misdeeds or use the effects of their own actions as a shield from liability. Arce, 958 S.W.2d at 246. Even when the exercise of an agent's duties is placed in the agent's absolute discretion, the agent still must use good faith and act reasonably in the discharge of them, or he can be held liable to the principal for the resulting damages. // Unverified interrogatory answers cannot serve as judicial admission