TITLE 15

UNIFORM PROBATE CODE

CHAPTER 12

UNIFORM POWER OF ATTORNEY ACT

PART 1.

GENERAL PROVISIONS AND DEFINITIONS

15-12-116.  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.

(3)  The court may award reasonable attorney’s fees and costs to the prevailing party in a proceeding under this section.

History:

[15-12-116, added 2008, ch. 186, sec. 2, p. 565.]