38-9F-6. Sworn petition for relief on behalf of elderly person
(a) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff:
(4) An agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff’s validly executed Advance Directive for Health Care, or similar document, who acts within the authority of the designation. The petition shall include a copy of the Advance Directive for Health Care or similar document.
(c) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerk’s offices throughout the state. A circuit clerk shall not be required to provide assistance to individuals in completing the forms or in presenting the petitioner’s case to the court.
(e) The court may not assess court costs or other fees for the filing or service of a petition or the issuance of a witness subpoena under this chapter against a petitioner or plaintiff. Costs and fees may be assessed against the defendant at the discretion of the court.