59-12-15. Judicial relief.

(1)    In addition to any petition under chapter 21-65, 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.

Source: SL 2020, ch 214, § 15.