§ 72-31-321

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. History: En.

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. History: En. Sec. 15, Ch. 109, L. 2011.