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I have a trial de novo in Connecticut Superior Court. I am…

I have a trial de...
I have a trial de novo in Connecticut Superior Court. I am submitting a new accounting for my actions as POA between 2010 and 2014 for my Aunt. The first accounting I submitted to Probate court I signed, because of bad legal counsel, that all the actions in the accounting were my responsibility and actions as POA. That, however, was not true as many and most of the accounting involved financial actions that had nothing to do with me exercising my POA. When I signed the original accounting as my responsibility as POA, the judge then held me responsible even for market fluctuations (losses), checks my aunt wrote out herself, and over $600,000 worth of financial transactions.In reality, I only did a few actions as POA. For example, I never wrote out any checks, I never used her credit card. I did, however, transfer money into joint checking accounts that my aunt had with me and my wife and daughter.I want to submit the new accounting for the trial de novo stating that, while this is an accounting of all the transactions that happened over the time I had POA, I only exercised my POA in a few instances by funding joint bank accounts. I only did these actions at my aunt's discretion. My Aunt also states, in an Admission, that she understood the joint back accounts were "joint" and that meant that we all owned the accounts. That's how she wanted to do things. The bank accounts were not established as POA accounts, but specifically joint bank accounts. My aunt put my wife as a joint owner of the bank account, though she had POA too... but she never showed or exercised her POA to accomplish anything. She did everything as a joint owner.
Also, my aunt specifically allowed my wife to use the credit card as a user of the card and granted this to her before she had power of attorney. My wife never used her POA to be put on the credit card accounts.I have evidence that my aunt made joint accounts and that the bank official who opened the account said there was no elder abuse... that my aunt knew what she was doing.I want to make the argument that what happened between my aunt and I was between her and me as family members.Questions:
Can I submit a new accounting signing that I only exercised my POA in specific transferes?
Can I challenge the jurisdiction of the court in wanting to make the bank accounts a POA matter when they were not... they were joint bank accounts?
Can I challenge the jurisdiction of the court in wanting to make the credit card a POA matter because only my aunt had the authority to make my wife a co-user of the credit card? My wife did not call the credit card company to be put on... my aunt called and added her?
And in challenging the jurisdiction of the court over these accounts, can I object to any request for production of information by saying that the information requested do not come under the authority of the court of anything that was not done as POA?
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Answered in 2 days by:
8/22/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,292
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) IF the previously filed accounting was inaccurate, you can file a new accounting with a detailed explanation of why this new accounting is different from the previously filed accounting. You are going to have to explain the differences because if you do not do so they will use the prior accounting to try to discredit anything you say claiming you have a history of lying.
2) You cannot challenge the jurisdiction of the court, they have jurisdiction or a right to hear these cases involving conduct as POA. They became a PoA matter when you transferred money or undertook any action on the accounts of your aunt at all, so they have the right to examine those accounts and your actions as POA on those accounts.
3) Again, this is something about conduct of a PoA, thus the court has jurisdiction and you cannot challenge the court's authority to decide that matter.
The fact is you were PoA and as such there are allegations about your conduct when you were PoA. You claim your Aunt acted and not you, that is fine, but that is evidence you have to present to the court, it does not mean that the court does not have jurisdiction over the case. You have the burden to prove to the court that the allegations against you regarding these claims are not correct and you did not undertake the actions complained of to the court.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,292
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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