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Statutes Text

Article - Estates and Trusts


    (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)    On 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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