N.M. Stat. § 45-5B-116

Current through 2024, ch. 69
Section 45-5B-116 - 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.

NMS § 45-5B-116

Laws 2007, ch. 135, § 116; 1978 Comp., § 46B-1-116 recompiled as § 45-5B-116 by Laws 2011, ch. 124, § 102.
1978 Comp., §§ 46B-1-101 to § 46B-1-403 were recompiled as §§ 45-5B-101 to § 45-5B-403 by Laws 2011, ch. 124, § 102.