162A.330 - Judicial relief. - Nevada Statutes

162A.330  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 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 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) A person asked to accept the power of attorney; or

      (i) The principal’s caregiver or another person who demonstrates sufficient interest in the principal’s welfare.

      2.  Upon motion by the principal, the court shall dismiss a petition filed under this section, unless:

      (a) The court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney; or

      (b) A governmental agency has asserted abuse by the agent regarding the agent’s actions under the power of attorney.

      (Added to NRS by 2009, 180)