§551D-3 - Relation of attorney-in-fact to court-appointed fiduciary.
§551D-3 Relation of attorney-in-fact to court-appointed fiduciary. (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. The fiduciary has the power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.
(b) A principal may nominate, by a durable power of attorney, the principal's conservator or guardian for consideration by the court if protective proceedings for the principal's property or person are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. [L 1989, c 270, pt of §1; am L 2004, c 161, §21]