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. 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.