Section 45-5B-116 - Judicial relief.

NM Stat § 45-5B-116 (2019) (N/A)

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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. 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: Laws 2007, ch. 135, § 116; 1978 Comp., § 46B-1-116 recompiled as § 45-5B-116 by Laws 2011, ch. 124, § 102.

Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-116 NMSA 1978 as 45-5B-116 NMSA 1978, effective January 1, 2012.

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