Section 17-103 - Petition for construction of power of attorney. - Maryland Statutes

§ 17-103. Petition for construction of power of attorney.
 

(a)  Persons who may petition.- 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, conservator, or other fiduciary acting for the 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 a presumptive heir of the principal; 

(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) A governmental agency having regulatory authority to protect the welfare of the principal; 

(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and 

(9) A person asked to accept the power of attorney. 

(b)  Dismissal of petition.- On 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. 
 

[2010, chs. 689, 690.]