Judicial relief.

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(1) 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 righton 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 authority to protect the welfare of the principal;

  8. The principal's caregiver or another person that demonstrates sufficient interest in theprincipal's welfare; and

  9. 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.

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 392, § 1, effective April 9. L. 2011: (1)(g) amended, (SB 11-083), ch. 101, p. 311, § 21, effective August 10.


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