§3854. Relief
A. If the court finds that a mandatary has violated a duty or failed to perform any obligation as a mandatary, the court may:
(1) Grant any relief to which the principal is entitled.
(2) Enjoin the mandatary from exercising all or some of the powers granted by the mandate.
B. While the action is pending, the court may do any of the following:
(1) Order an accounting from the mandatary.
(2) Order, without first holding a contradictory hearing, a financial institution, a healthcare provider, or any other person to provide the financial, medical, or other information of any defendant to the action.
(3) Appoint a qualified person to investigate the allegations of the petition and to report the findings.
(4) On its own motion, order other appropriate discovery.
(5) Enjoin the mandatary from exercising all or some of the powers granted by the mandate during the pendency of the action.
(6) Appoint a person to exercise some or all of the authority granted by the mandate, including authority to perform routine financial transactions and to make healthcare decisions, if there is no successor or substitute mandatary named in the mandate who is able or willing to serve, or if no law otherwise provides a person to act.
C. In reaching its decision, the court shall consider the mandate and may consider any other relevant factors, including any of the following:
(1) The expressed wishes of the principal.
(2) The known or reasonable expectations of the principal.
(3) The best interests of the principal.
(4) Any will, trust, or beneficiary designation executed by the principal.
(5) The principal's history or pattern of donations inter vivos.
(6) Physical, financial, or psychological abuse of the principal.
(7) Fraud, duress, or undue influence.
(8) The principal's regular contact with family and friends other than the mandatary.
(9) The ability of the principal to comprehend generally the nature and consequences of the acts of the mandatary.
(10) The donee's knowledge or imputed knowledge that a donation was not for the benefit or gratification of the principal.
(11) The good or bad faith of a defendant.
D. Unauthorized acts by or with the consent of a mandatary are subject to injunctive relief without a showing of irreparable injury.
Acts 2014, No. 356, §1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.