Q: If the court appoints your lawyer as the fiduciary can you still fire them

A: No but you can move the Court to remove the fiduciary for cause.

A: If there is a breakdown in the relationship between the fiduciary and the beneficiary then the beneficiary can petition the court for removal and replacement of the fiduciary. It’s up to the court.

A: To answer this question accurately, we need to consider a few key points:

1. The role of a fiduciary: When a court appoints a lawyer as a fiduciary (such as an executor, administrator, or guardian), they are given specific legal responsibilities and powers.

2. Court appointment: Since the court has appointed the lawyer as fiduciary, they are not simply working for you as a private client.

3. Removal process: Typically, you cannot unilaterally "fire" a court-appointed fiduciary. There is usually a formal process to request their removal.

4. Grounds for removal: To have a court-appointed fiduciary removed, you generally need to show good cause, such as misconduct, conflict of interest, or failure to perform duties.

5. Court decision: The final decision on removing a court-appointed fiduciary rests with the court, not with you personally.

Given these factors, the short answer is: No, you cannot simply "fire" a court-appointed fiduciary lawyer in the same way you might terminate a privately hired attorney. However, you can petition the court to have them removed if you have valid reasons.

To pursue removal, you would typically need to:

1. File a petition with the probate court

2. Provide evidence of why the fiduciary should be removed

3. Attend a hearing where the court will consider your request

It's important to note that this process can be complex, and the court will carefully consider whether removal is in the best interest of the estate or protected person.

If you're considering this action, it would be advisable to consult with another attorney who can guide you through the process and help you understand your options under Rhode Island law.