Judicial relief

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  1. (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. (1) the principal or the agent;

    2. (2) a guardian, conservator, or other fiduciary acting for the principal;

    3. (3) a person authorized to make health-care decisions for the principal;

    4. (4) the principal's spouse, parent, or descendant;

    5. (5) an individual who would qualify as a presumptive heir of the principal;

    6. (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. (7) a governmental agency having regulatory authority to protect the welfare of the principal;

    8. (8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

    9. (9) a person asked to accept the power of attorney.

  2. (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.


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