Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My attorney dropped me in his representation of me in a

Superior Court Appeal and now...
My attorney dropped me in his representation of me in a Superior Court Appeal and now and I am pro se. He wrote the complaint and I have to deal with what he submitted since the hearing is on Nov 1. It all centers around a Power of Attorney Accounting that I submitted. I had a judgment against me and my wife for $131,000. I was granted the Appeal, a Stay, and a trial de novo.This is what he wrote on my behalf in Superior Court for Count 1:Pursuant to Connecticut General Statutes paragraph 45a-186, the Plaintiffs are aggrieved by the said Decree and appeal from the same for the following reasons:1. The Probate Court made numerous erroneous findings of fact and relied upon those erroneous facts in making rulings against the Plaintiffs;2. The Probate Court found that the Plaintiffs breached their fiduciary duty to the conserved person when the Plaintiffs did not breach their fiduciary duty to the conserved person;3. The Probate Court disallowed costs and expenses and has ordered the Plaintiffs to repay certain sums when said costs and expenses should have been allowed;4. The Probate Court decision is arbitrary and capricious and, in essence, finds that the Plaintiffs are the indentured servants of the conserved person and are required to care for her 24 hours per day, 7 days per week without compensation or allowable costs and expenses; and5. The Probate Court issued no rulings with regard to the actions of INTERESTED PARTY, who also had been appointed as Attorney-in-Fact for JANE DOE sometime prior to August 7, 2014.Questions concerning counts:
1. I do not understand what I am supposed to do in front of the Superior Court. Do I just hand the accounting to the judge and ask the judge to accept it? or do I have to prove each of the Counts listed above? If so, how do I do that?2. There are several defendants as interested parties. The person I had a relationship with as POA Admitted that she approved and approves of EVERYTHING I and the other PLAINTIFF did as her POA. Shouldn't I win just on that note?3. My attorney listed several other interested parties as defendants, including the original other POA who motioned in the probate court for an accounting and objected to it. Did my attorney have to do that, that is list a bunch of other people in my family as interested parties? Could he have not have listed the other POA in my Complaint thereby not giving her a chance to object?4. Does the "fun begin" when I hand in the Accounting and the other interested party objects?5. What if no one objects when I hand in my accounting. Do I "win" at that point? In other words, does that mean the Superior Courts acceptance of my Accounting means I do not have to pay back the $131,000 that the Probate Court ordered me to pay back?Questions about Mistakes I think my attorney made in the first hearing:
1. When I signed the Accounting it said that all the activity in this accounting are my responsibility, which means that the judge even made me pay back things that JANE DOE did financially. I didn't understand why at the time, but I think this is why. I think I have to submit the accounting again but only label what my particular actions were as POA. Is that wise? How do I submit a new accounting in a trial de novo? When do I? at the Trial Management Conference or before? Can I use the Accounting as part of an Admission with JANE DOE and have her admit that only a few of the transactions were actually mine as POA and mark the ones I claim as part of my POA actions? JANE DOE does not want me to pay back anything because she approved everything in the first place. Her testimony was not allowed because the probate judge wasn't sure she was competent or not, even though she had never been shown to be incompetent.2. The other PLAINTIFF was my wife at the time (we are divorced). We had POA severely. She did 99% of all the transactions from a joint bank account with JANE DOE. I did none. She did 100% of credit card purchases. Why did the probate judge make us both responsible in the judgment? I know we were married, but shouldn't he have made us responsible for our particular actions since we were POA severely? How do I use that to my advantage or bring that fact out in my Superior Court appeal?Lots of questions I know. Please educate me on whatever questions you can. I'll ask the unanswered ones again here on Just Answer. Thanks.
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
10/8/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,261
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Legal Question
Customer reply replied 7 months ago
Do you think you will be educating me on this question? If not, could you release it so another justanswer attorney could take a crack at it? Thanks.

Sorry for the delay, it seems there was some system problem that caused me to not be able to access your question, technical support had to fix the problem and hence the delay.

1) You have to present all of your evidence again before the Superior Court. A trial de novo means you are going to have a brand new full trial. So you are responsible for presenting your entire case again in front of the Superior court, including presenting all of your evidence. This means you need to get to the court library and get a copy of the CT Rules of Evidence, because you need to put on witnesses to authenticate (testify about) any evidence that you intend to submit. The witnesses need to have first hand knowledge about any documents you intend to submit.

2) You would need to put the person on the stand to testify to the court that she approved of everything that was done and it was done in the best interests of the party. If she is competent and does testify, then you could win just on that testimony alone.

3) Yes, he needed to list all of the interested parties and you will need to question them in court to make them present their proof of why you acted inappropriately as they claim.

4) The fun begins when you have the accountant testify as to the accounting and to why it is appropriate. It is up to the accountant to justify the accounting.

5) If the accounting is proven accurate by the accountant's testimony, then that is evidence in your favor.

I cannot EMPHASIZE ENOUGH, based on the questions you are asking, that it would be in your best interests to hire a new attorney to represent you. The amount of money in question would make it very much worth it to you to hire a new attorney instead of going pro se and you should be looking to get one because many of the things you are going to need to do in court to overturn the judgment take attorneys years of practice to learn and you trying to learn them in only a month is almost impossible.

If you have a new accounting, you need to present the new accounting now and you need to have the accountant testify in the superior court as to why it is a proper accounting. Again, if Jane Doe is able to testify, you need to put her in as a witness and question her.

If your ex wife did the transactions, you need to put her on the stand as a witness to get her to admit to it. If you were severally PoA, then she could be held solely accountable for her actions.

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: 124,261
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 124,261
124,261 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

124,261 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I had a formal notarized will as well as power of attorney
I had a formal notarized will as well as power of attorney drawn up in Virginia back in 2012. I now live in Florida. My question is whether the terms of the will are recognized here even though they were not drawn up here? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a person that is POA (power of attorney) and need
I have a person that is POA (power of attorney) and need them to have access to my funds. they have been authorized by me to withdraw funds.… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,498 satisfied customers
I became Power of Attorney for a guy that I was dating for a
I became Power of Attorney for a guy that I was dating for a short period of time. He asked me, and said he had no one else in his life that would do it. Now it has only seemed to cost me money, time,… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it possible to file for power of attorney even if my
Hello. Is it possible to file for power of attorney even if my father is still married? … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,498 satisfied customers
Can an addendum be added to a power of attorney? Maryland.
It is a POA for care and custody of children and the addendum would related to specifics to be followed by the joint attorneys in fact… read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I need help with challenging a power of attorney with a
I need help with challenging a power of attorney with a family member … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I have a questions about financial power of attorney,
I have a questions about financial power of attorney … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,065 satisfied customers
I have durable power of attorney for a critically sick
Hello ! I have durable power of attorney for a critically sick friend. The nursing home he is in has contacted me to release his financials so they can file for medicaid on his behalf. They said if I … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Legal question/is a power of attorney issued in texas legal
quot;legal question/is a power of attorney issued in texas legal in TN?" … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,065 satisfied customers
Is it a conflict of interest for a Power of Attorney's
Is it a conflict of interest for a Power of Attorney's business to do work for a principal? In this situation the POA is writing checks to himself and there are no internal controls.… read more
Bill Attorney
Bill Attorney
law
2,239 satisfied customers
If i am granted power of attorney over an inmate in
if i am granted power of attorney over an inmate in Washtenaw County, can community corrections etc refer me to apply for necessary documents through the freedom of information act? I thought that is a way to get public information on anyone? Power of attorney means per my documentation that I can act as if I am that person correct? I should be able to contact the necessary agencies and be given all documentation I requested right? If I can open and close bank accounts and insurance policies how can I not be given simple paperwork pertinent to the specific necessitie of my having power of attorney? Please please please advise???? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,065 satisfied customers
Need durable power of attorney in. Aunt and uncle in
no. aunt and uncle in assisted living facility and they want to change poa. currently have one but cannot locate this doc. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Regarding a financial power of attorney. The last clause
regarding a financial power of attorney. The last clause Termination, the last sentence reads, this powered attorney shall terminate upon actual knowledge or receipt of written notice thereof by the a… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,546 satisfied customers
Does a power of attorney docu, W im in florida but this will
w im in florida but this will pertain to my sister living in wisconsin … read more
Ray
Ray
Lawyer
Doctoral Degree
32,587 satisfied customers
POWER-OF-ATTORNEY DOCUMENTATION QUESTION: The President of a
POWER-OF-ATTORNEY DOCUMENTATION QUESTION: The President of a condominium home owner's association (HOA) has requested a physical copy of a home owner's ("Owner's) power-of-attorney (POA) documentation… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
726 satisfied customers
My brother and I both have power of attorney on my mothers
My brother and I both have power of attorney on my mothers bank accounts she has allowed me to transfer some money to help pay so bills he is now accusing me of taking the money and going to a lawyer … read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
I won a small claim case but lose the trial de novo. Wanted
I won a small claim case but lose the trial de novo … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x