§ 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.
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