[§551E‑12] Judicial relief.

198 words·~1 min read·/hi/551e-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:

(1)The principal or the agent;

(2)A guardian, conservator, or other fiduciary acting for the principal;

(3)A person authorized to make health care decisions for the principal;

(4)The principal's spouse, parent, or descendant;

(5)An individual who would qualify as a presumptive heir of the principal;

(6)A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(7)A governmental agency having regulatory authority to protect the welfare of the principal;

(8)The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

(9)A person asked to accept the power of attorney.

(b)Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. [L 2014, c 22, pt of §1]