Montana § 72-31-321 Judicial Relief

Montana Statutes

§ 72-31-321 — Judicial Relief

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 31 MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES·Part 3 Uniform Power of Attorney Act

72-31-321 . Judicial relief.

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

(a)the principal or the agent;

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

(c)a person authorized to make health care decisions for the principal;

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

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

(f)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;

(g)a governmental agency having regulatory authority to protect the welfare of the princi

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72-31-321 . Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:
(a) the principal or the agent;
(b) a guardian, conservator, or other fiduciary acting for the principal;
(c) a person authorized to make health care decisions for the principal;
(d) the principal's spouse, parent, or descendant;
(e) an individual who would qualify as a presumptive heir of the principal;
(f) 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;
(g) a governmental agency having regulatory authority to protect the welfare of the principal;
(h) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(i) 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.

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