Title 75A
Chapter 2
Part 1
Section 116
| Index | Utah Code |
| Title 75A | Fiduciaries |
| Chapter 2 | Uniform Power of Attorney Act |
| Part 1 | General Provisions |
| Section 116 | Judicial relief.
(Effective 9/1/2024)
|
Effective 9/1/2024
75A-2-116.
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 as defined in Section 75-1-201, 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. |
Renumbered and Amended by Chapter
364, 2024 General Session