My mother has a court appointed guardian, can I still become durable power of attorney?

I might consult with an attorney. Most jurisdictions have laws about qualifying to be a Guardian and criminal convictions often preclude an applicant. So can credit issues, since must states require that you be bonded, so there is insurance to protect the Ward, in case the Guardian makes a mistake AND most states require the Guardian to file annual Accounts, where they account for every penny of the money, along with documentation.

The Judges conclusion didn't really have anything to do with my mom. He railroaded her because I have a criminal history. A.P.S. BROUGHT US INTO THE COURTROOM on hearsay from the nutcase girl I had living with us. the first month everything was great, I thought I had found the answer to my problems. I can't stay home to take care of mom, and work at the same time. at that time in history, my moms brother relinquished POA cause he didn't want to do it anymore. so I was paying the bills and using my moms bank card in the process. I had not taken the time to become POA yet. whatever expenses that I used the card personally for, I would reimburse at a later date. that was part of his decision, as for determining "incapacitation", all the state did was call my moms doctor and ask if she had DEMENTIA. a fews years prior my mom had the flu real bad and suffered lack of oxygen to her brain. this caused some memory loss problems, but in no way was she"incapacitated". Her doctor told me that was all they asked, if she had dementia. CURRENTLY ON OUR NEXT DOCTORS VISIT I WILL GET A WRITTEN STATEMENT FROM HIM testifying to the level of dementia . he concurs with me ,stating that mom was never incapacitated. how do I reach Pam Stegman?

She didn't exactly lie. The state does pay her fee, in that it will set the rates, only the state approves the use of your mother's assets to do so. That's not the guardian's fault.

How did the judge arrive at the conclusion that your mother was incapacitated if he didn't assess her himself? Was he relying on medical or APS reports or something?

Pam Stegman is your woman for advice on your options from here (though I have to warn you she's not necessarily going to sympathise much). But meanwhile the key thing is whether or not your mother is being properly taken care of - are you satisfied about that?

I do note the irony of the original guardian's being disbarred. It must make you want to spit.

yes. my mother was unfairly duped into the guardianship by a judge after a false report was made to adult protective services by an estranged girlfriend. the judge did not allow my mother a hearing to determine if she was an incapacitated person. I was accused of taking financial advantage of my mother. the appointed guardian was reported to A.P.S. by his own book keeper and we were happy with the bookkeeper who was to be the new guardian, unfortunately she died. The original guardian was disbarred for depositing other peoples "protected persons" money into his personal account. When a hearing came up to contest the new guardian came up, I asked her "who pays for your services" and she lied and told me the state does. Well the judge just authorized 3,000 taken from my moms account to cover the transition from one guardian to the next. My mother hasn't seen a dime of her own money for 6 years. And they say I was taking advantage of her. What a joke!

No. You can't.

Are you having difficulties with the guardian?