§ 4016 — 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:
(1) the principal or the agent;
(2) a guardian or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased 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 an heir of the principal under the laws of intestacy;
(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 who 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 who 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.

Legislative History

(Added 2023, No. 60, § 1, eff. July 1, 2023.)