10-6B-16. Petition for construction of power of attorney or role of agent; reimbursement for fees and expenses.

The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:#

1. (1)

   The principal or the agent;#

2. (2)

   A guardian, conservator, personal representative, or other fiduciary acting for the principal or for the principal’s estate;#

3. (3)

   A person authorized to make health care decisions for the principal;#

4. (4)

   The principal’s spouse, parent, or descendant;#

5. (5)

   An individual who would qualify as a presumptive heir of the principal;#

6. (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. (7)

   A governmental agency having authority to protect the welfare of the principal;#

8. (8)

   The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and#

9. (9)

   A person asked to accept the power of attorney.#

If a petition under this Code section was in the best interest of the principal and the agent admitted to a violation of this chapter or a court found that such agent violated this chapter, a court may order the principal to reimburse the persons, other than a governmental agency, who made such petition for part or all of the reasonable attorney’s fees and expenses of litigation incurred by such persons, provided that such fees and expenses were not imposed on the agent, were related to the agent’s violation of this chapter, and were reasonable in the context of the agent’s misconduct and the general circumstances of the principal.#

Upon motion by the principal, the court shall dismiss a petition filed under this Code section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.#