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This entry was published on 2021-06-18
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SECTION 5-1510
Special proceedings
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1510. Special proceedings. 1. If the agent has failed to make
available a copy of the power of attorney and/or a record of all
receipts, disbursements, and transactions entered into by the agent on
behalf of a principal to a person who may request such record pursuant
to subparagraph three of paragraph (a) of subdivision two of section
5-1505 of this title, that person may commence a special proceeding to
compel the agent to produce a copy of the power of attorney and such
record.

2. A special proceeding may be commenced pursuant to this section for
any of the following additional purposes:

(a) to determine whether the power of attorney is valid;

(b) to determine whether the principal had capacity at the time the
power of attorney was executed;

(c) to determine whether the power of attorney was procured through
duress, fraud or undue influence;

(d) to determine whether the agent is entitled to receive compensation
or whether the compensation received by the agent is reasonable for the
responsibilities performed;

(e) to approve the record of all receipts, disbursements and
transactions entered into by the agent on behalf of the principal;

(f) to remove the agent upon the grounds that the agent has violated,
or is unfit, unable, or unwilling to perform, the fiduciary duties under
the power of attorney;

(g) to determine how multiple agents must act;

(h) to construe any provision of a power of attorney; or

(i) to compel acceptance of the power of attorney.

A special proceeding may also be commenced by an agent who wishes to
obtain court approval of his or her resignation.

3. A special proceeding may be commenced pursuant to subdivision two
of this section by any person identified in subparagraph three of
paragraph (a) of subdivision two of section 5-1505 of this title, the
agent, the spouse, child or parent of the principal, the principal's
successor in interest, or any third party who may be required to accept
a power of attorney.

4. If a power of attorney is suspended or revoked under this section,
or the agent is removed by the court, the court may require the agent to
provide a record of all receipts, disbursements and transactions entered
into by the agent on behalf of the principal and to deliver any property
belonging to the principal and copies of records concerning the
principal's property and affairs to a successor agent, a government
entity or the principal's legal representative.