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. History: Laws 2007, ch. 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: Laws 2007, ch. 135, § 116; 1978 Comp., § 46B-1-116 recompiled as § 45-5B-116 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-116 NMSA 1978 as 45-5B-116 NMSA 1978, effective January 1, 2012.
New Mexico Legal Code