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.

     History: En. Sec. 15, Ch. 109, L. 2011.