Current through Chapter 253 of the 2024 Legislative Session
Section 551E-12 - Judicial relief(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.Added by L 2014, c 22,§ 1, eff. 4/17/2014.