Power of Attorney applies for a conservatorship
2 attorney answers
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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.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
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.
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