72-31-321. Judicial relief.
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/mt/title-72/chapter-31/part-3/72-31-321·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
72-31-321 . Judicial relief.
(1)The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:
(a)the principal or the agent;
(b)a guardian, conservator, or other fiduciary acting for the principal;
(c)a person authorized to make health care decisions for the principal;
(d)the principal's spouse, parent, or descendant;
(e)an individual who would qualify as a presumptive heir of the principal;
(f)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;
(g)a governmental agency having regulatory authority to protect the welfare of the principal;
(h)the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(i)a person asked to accept the power of attorney.
(2)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.