Current through the 2024 legislative session
Section 3-9-116 - 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: (i) The principal or the agent;(ii) A guardian, conservator or other fiduciary acting for the principal;(iii) A person authorized to make health care decisions for the principal;(iv) The principal's spouse, parent or descendant;(v) A person who would qualify as a presumptive heir of the principal;(vi) 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;(vii) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare;(viii) 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 Laws 2017 , ch. 117, § 1, eff. 1/1/2018.