Q: Can a fiduciary be removed by the individual they are p.o.a. of?
In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.
A:
In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case when a court-appointed fiduciary is involved.
However, if you believe that the fiduciary is not acting in the best interest of the person they are representing, or if there are concerns about intrusion into financial matters without justification, there are legal avenues to address this. The first step is usually to file a petition with the court that appointed the fiduciary, requesting a review of the fiduciary’s actions and potentially asking for their removal.
The court will consider evidence presented regarding the fiduciary’s behavior and the individual’s current capacity to handle their own affairs. If the court finds that the fiduciary is not acting in the best interests of the primary individual, or if it deems that the individual is capable of managing their own affairs, it may remove the fiduciary.
In such situations, consulting with a lawyer is advisable. They can help in gathering the necessary evidence, filing the petition, and representing the interests of the involved parties in court. Legal advice is crucial in navigating these complex situations and ensuring that the rights and well-being of the primary individual are protected.
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