For many years I've been a POA of my mother, who doesn't have mental ability to make decisions. I applied for a conservatorship and, for some reason, Judge appointed a guardian ad litem for my mother until he makes a decision. I feel, I am not trusted. Can I lose my POA? What should I do?
I understand you may feel you are 'not trusted' but that is not what is going on. The CAC/Court Appointed Counsel's job is to ensure that you are doing what your mother wants (pursuant to the prior POA over assets) so that a COE/Conservatorship Of Estate is not legally necessary.
If your mother does "not have the mental ability to make decisions" then someone else needs to be appointed by the Court to represent her interest. This is a REPRESENTATION duty (about what she currently wants), not a BEST INTERST Duty (about what the Court should decide).
So it is NOT 'adversarial'.
Those issues would depend on WHO filed the Conservatorship: is this is a 'pre-death' Will Contest?
Those may be the adversarial issues, but the Conservatorship's goal is to have her money used for her benefit and Best Interest NOW, not for Inheritance LATER.\
So your job is to support her appropriate Care Plan: what is that? Prove that and prove your Payment of same.
The Legal Action is About Her, but not about 'You", just your administration about her SOLE BENEFIT.
Many Family Members who are Nominated (at the Estate Planning stage) do NOT UNDERSTAND their duties later, when the time comes to serve.
So you may need to file to become Conservator of Estate so that you have Court-approved Authority to do what you are already doing as her POA: read the DUTIES form on the LASC website.
An Attorney consultation ~ with candor and confidentiality ~ can result in specific legal advice about your situation (and its documents) based on the statutes and case law. Why? Because this e-response is for information but is not construed "legal advice" for any particular case or client, just an explanation in response to what you posted. So this response creates NEITHER an Attorney-Client relationship NOR an Attorney-Client privilege ~ because everything is public, for all to see. For specific advice about your particular concerns or situation, consult an Attorney as a Fiduciary to you, with that 1-way Duty to you. This e-response is neither an advertisement nor a solicitation.
Yes. POA may be revoked.
Appointment of GAL in conservatorship matter is common.
I have been appointed by court on numerous matters.
Review of all facts, pleadings, documents needed to advise what needs to be done to get you appointed.
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