Montana § 72-31-321 - Judicial Relief
Full text of Montana Montana Code Annotated § 72-31-321 — Judicial Relief, with citation guidance and answers to common questions.
§ 72-31-321. Judicial Relief
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, 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.
Frequently Asked Questions About Montana § 72-31-321
What does Montana Code Annotated § 72-31-321 cover?
Section 72-31-321 ("Judicial Relief") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-31-321?
A common citation format is "Montana Code Annotated § 72-31-321" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-31-321 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.