5-1510 - Special proceedings.

§ 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;    (i) to compel acceptance of the power of attorney in which  event  the  relief to be granted is limited to an order compelling acceptance.    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.