Current through the 2023 Regular Session
Section 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.En. Sec. 15, Ch. 109, L. 2011.