Section 13.26.635. Judicial relief. [Effective January 1, 2017]..

   (a) The following persons may petition a court in accordance with the provisions of AS 13.26.401 - 13.26.595 to construe a power of attorney, review the agent's conduct, and grant appropriate relief:
        (1) the principal or the agent;
        (2) the principal's attorney or other legal representative;
        (3) a guardian, conservator, or other fiduciary acting for the principal;
        (4) a person authorized to make health care decisions for the principal;
        (5) the principal's spouse, parent, or descendant;
        (6) an individual who would qualify as a presumptive heir of the principal;
        (7) 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;
        (8) the Department of Health and Social Services, the Department of Administration, the office of the long term care ombudsman, or other governmental agency having statutory authority to protect the welfare of the principal;
        (9) the principal's caregiver, custodian, or another person that demonstrates sufficient interest in the principal's welfare; and
        (10) 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.

Notes

History

(Sec. 22 ch 50 SLA 2016)