Judicial Relief.

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3-9-116. Judicial relief.

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:

(i) The principal or the agent;

(ii) A guardian, conservator or other fiduciary acting for the principal;

(iii) A person authorized to make health care decisions for the principal;

(iv) The principal's spouse, parent or descendant;

(v) A person who would qualify as a presumptive heir of the principal;

(vi) 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;

(vii) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare;

(viii) 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.


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