Posts tagged with "power of attorney"

Connecticut Appellate Court finds that Misappropriated Funds should not be part of Probate Estate

Connecticut Appellate Court finds that Misappropriated Funds should not be part of Probate Estate
Przekopski v. Przekop, 124 Conn. App. 238, 4 A. 3d 844 (2010)

The defendants, a sister, individually and as the executrix of her father’s estate, appealed from the judgment of the Superior Court, which upon a de novo appeal of a Probate Court order, denied a motion for rectification or for a corrected judgment, and ordered that the bank accounts misappropriated by the plaintiff brother be returned to the father’s estate for distribution.

The Appellate Court concluded that the Probate Court ordered the proper remedy and that it was improper for the Superior Court to order the transfer of the misappropriated funds from the plaintiff to the estate, instead of directly to the defendant, individually. The decedent used the survivorship accounts as a method of estate planning and he intended for the accounts to pass immediately to the defendant, individually, upon his death and not to be the subject of probate.

The Appellate Court recognized the decedent’s intent and wanted to ensure that the plaintiff did not profit from his abuse of the power of attorney that he utilized to substitute his name for the defendant’s individual name on certain bank accounts containing the funds.  The plaintiff did not engage in fair dealing in transferring certain bank accounts to himself under the power of attorney and abused his position of trust. The power of attorney did not authorize the plaintiff to change the name of the survivor on the accounts.

Because the plaintiff was a beneficiary under his father’s will and stood to inherit some of the funds if they were distributed pursuant to the will, it was error for the Superior Court to order the return of the funds to the estate.  The Appellate Court reversed the judgment only as to the order that the plaintiff transfer to the decedent’s estate all of the misappropriated funds.  The case was remanded with direction to order those funds, with the exception of the sum of $ 11,000, returned to the defendant, individually.

Should you have any questions relating to wills, trusts, estates or probate issues generally, please feel free to contact Joseph Maya at Maya Murphy, P.C. today at (203) 221-3100 or by email at JMaya@Mayalaw.com, to schedule a free initial consultation.

Who Can Find Out if Someone Has Power of Attorney in Connecticut?

There are numerous powers of attorneys to be had, depending on the context of your situation.  If a person assigns a power of attorney to a loved one, or a trusted party, they may retain a copy of that agreement.  It would be almost impossible for an uninvolved party to find out about the power of attorney in this scenario.  A power of attorney may also be executed by a person’s attorney, in which case it may have been distributed to relevant financial institutions or healthcare institutions, as well as to family members.  If you are concerned that someone does not have the authority they claim to have, you may ask to see the power of attorney document.  However, this does not guarantee that you will see the document.  A power of attorney is a personal document, not a public record.

If you have any further questions regarding estates and the law surrounding powers of attorney in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Can I Obtain Power of Attorney or Guardianship Over my Aging Father?

In order to obtain power of attorney over a parent, they must voluntarily grant it to you.  By having your father grant you power of attorney, it is assumed that he is of sound mind and competent enough to make that decision.  Guardianship, on the other hand, requires a showing that your father is mentally or physically incapable of making important decisions or of taking care of himself.  In order to obtain guardianship you would have to prove this to a court, which is difficult to do.  If you need to assert guardianship over a parent for their own well-being, then it may be best to consult with an experienced attorney that can educate you on the best and most efficient steps to take.

If you have any further questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Can I Obtain Power of Attorney or Guardianship Over my Aging Father?

In order to obtain power of attorney over a parent, they must voluntarily grant it to you.  By having your father grant you power of attorney, it is assumed that he is of sound mind and competent enough to make that decision.  Guardianship, on the other hand, requires a showing that your father is mentally or physically incapable of making important decisions or of taking care of himself.  In order to obtain guardianship you would have to prove this to a court, which is difficult to do.  If you need to assert guardianship over a parent for their own well-being, then it may be best to consult with an experienced attorney that can educate you on the best and most efficient steps to take.

If you have any further questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Connecticut Supreme Court affirms order of Accounting for attorney-in-fact appointed under Durable Power of Attorney

Connecticut Supreme Court affirms order of Accounting for attorney-in-fact appointed under Durable Power of Attorney

In re Bachand, 306 Conn. 37 (2012)   

 

Lisa Charette, the plaintiff and attorney-in-fact for Mary E. Bachand, appealed from a Superior Court judgment upholding the decision of the Probate Court for the district of West Hartford.  The decision required the plaintiff to provide an accounting of her actions as attorney-in-fact for Ms. Bachand who executed a durable power of attorney.  Ms. Bachand had progressive Alzheimer’s disease and was relocated to a long-term care facility in West Hartford, CT.  The Superior Court ruled that the Probate Court had subject matter jurisdiction to order an accounting in accordance with Conn. Gen. Stat. § 45a-175 (b) because Ms. Bachand resided within the district of West Hartford. 

On appeal, the plaintiff claimed the Superior Court improperly ruled that the Probate Court had subject matter jurisdiction to order the accounting under the circumstances and erroneously found that the defendant, Cheryl Miller-Gray, had standing to make an application for an accounting. 

The Supreme Court held that Ms. Bachand’s lack of intent to reside in West Hartford was not relevant to the Probate Court’s jurisdiction.   Under Conn. Gen. Stat. § 45a-175 (b), the term “resides” means the place where a person actually lives no matter whether they have the intention to remain there.  Further, the defendant had standing to proceed with an application for an accounting because she was the sole remaining successor attorney-in-fact pursuant to the durable power of attorney.  The defendant did not need to present evidence to establish cause for the accounting pursuant to Con. Gen. Stat. § 45a-175 (b).  Therefore, the judgment of the Superior Court was affirmed.   

Should you have any questions relating to wills, trusts, estates or probate issues generally, please feel free to contact Attorney Russell J. Sweeting, a lawyer in the firm’s Westport, Connecticut office in Fairfield County by telephone at (203) 221-3100 or by e-mail at rsweeting@mayalaw.com.