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Questions Answered by Joseph Maya
1 Answer | Asked in Consumer Law, Contracts, Family Law and Child Custody for Connecticut on
Q: So I was recently hospitalized for not being on my medicine and they said I was unsafe around my kids without it..

So, what happens if I want another kid and I have to go off my meds?? the probate court said I have to be seeking treatment and I live in CT and I want another kid someday and that's like them telling me I can't have another baby. I am schizophrenic and have a mental illness but... Read more »

Joseph Maya
Joseph Maya answered on Jul 1, 2020

Generally, a patient’s physician would advise as to what medications a patient may need, in addition to the appropriate dosage etc. To the extent a patient has a health condition, including pregnancy, that may be negatively impacted by the use of a medication, a physician may make a... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Connecticut on
Q: Brother placing mother in AL facility beyond her means and plans to draw down limited assets.

My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »

Joseph Maya
Joseph Maya answered on Jun 23, 2020

POWER OF ATTORNEY IN CONNECTICUT

Generally speaking, Powers of Attorney (POAs) in Connecticut assign decision-making authority typically performed by the principal, to one or more agents. The scope of this authority may be limited or broad and one or more agents may be given such authority....
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1 Answer | Asked in Child Support and Divorce for Connecticut on
Q: What are the guidelines for secondary education and the contribution by each parent in a divorced household in CT?

If the tuition bill is 30k - is the level of contribution based on income levels? Or is just split 50/50?

Joseph Maya
Joseph Maya answered on Jun 3, 2020

In Connecticut, educational support orders are governed by Connecticut General Statutes §46b-56c, which authorizes the courts to enter orders defining how parents will handle “necessary educational expenses” which include application costs, registration costs, room, board, dues, tuition, and... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: Can I get info on what the admin. is doing with my brothers estate? Can I find out his assets?

How do I find out what my brother's assests are and what the administrator is doing/has done? He died unexpectedly, had no will and told no one what he might want. He was employed, had at least one life insurance policy (my mom is the beneficiary), a vehicle, and bank accounts.... Read more »

Joseph Maya
Joseph Maya answered on Jun 2, 2020

When a person who owns property dies in the state of Connecticut, the Probate Court facilitates and oversees the distribution of the property. If the decedent dies without a Will in place, often a family member or friend is appointed to settle the affairs of the estate. A part of the duties of... Read more »

3 Answers | Asked in Probate for Connecticut on
Q: how does one apply to get to be a executor of the estate of their spouse so that they can get bank accounts in

decease spouses name

Joseph Maya
Joseph Maya answered on Jun 1, 2020

In Connecticut, if bank accounts are held in joint name with the right of survivorship, they generally become the property of the surviving title holder upon the death of the other party. While the accounts often must be disclosed to the probate court, ownership will generally pass automatically... Read more »

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1 Answer | Asked in Family Law for Connecticut on
Q: What is the procedure for a 10-month temporary guardianship of a 17-year-old in CT?

My 17-year-old son was living with his father in RI, but he has recently passed away. My son does not want to move to Virginia where I live. There is a family friend who lives in Woodstock CT that my son wants to live with since he knows them very well. Can we sign a notarized letter stating they... Read more »

Joseph Maya
Joseph Maya answered on May 21, 2020

Any parent or guardian of the person of a minor may apply to the Probate Court for the district in which the minor resides, is domiciled, or is located at the time of the filing of the petition for the appointment of a temporary guardian of the person to serve for no longer than one year if the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Connecticut on
Q: Cancelled cancer surgery due to Covid 19, shortly after laid off, now surgery is no longer covered?

Legal question. My father in-law was terminated from employment on April 17th due to Covid (or discrimination that he has cancer). He was diagnosed with prostrate cancer in the fall of 2019 and scheduled surgery on March 23 that was canceled due to covid and re-scheduled to June 12th. He is now... Read more »

Joseph Maya
Joseph Maya answered on Apr 24, 2020

Employees in Connecticut are generally considered at-will employees, which means that either the employer or employee may terminate the employment relationship at any time for any reason or no reason. Absent a contractual or legal prohibition (i.e. a discriminatory purpose), including a collective... Read more »

3 Answers | Asked in Criminal Law for Connecticut on
Q: I'm being fasley accused by minor

Said minor came clean afther lieing to three different people that I had touched her to her School to cops to family dcf keep continuing their investigation my name has yet to be cleared even tho said minor has come clean stating that I never touched her and that she lied

Joseph Maya
Joseph Maya answered on Apr 21, 2020

A charge of sexual molestation or unwanted sexual contact of any kind is perhaps one of the most damaging criminal allegations in our legal system, not just because of the weight of the charge and the potential penalties, but also because of the stigma associated with the mere hint of an... Read more »

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2 Answers | Asked in DUI / DWI for Connecticut on
Q: I was arrested Sunday and released on a DWI charge and now they want me to come back in. What should I do?

I received a call this morning saying I needed to come back down so they could give me another court. Will I be rearrested? I refused the breathalyzer, I didn’t do a field sobriety test nor did they take blood at the hospital. I’m just not sure why I would have to go back after being released.

Joseph Maya
Joseph Maya answered on Apr 20, 2020

It is likely that the police department issued you a summons for a court date/location that is unavailable due to the courthouse closures arising from the COVID-19 pandemic. The police department is likely asking you to go into the station so they can reissue your summons for a new court... Read more »

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1 Answer | Asked in Estate Planning and Collections for Connecticut on
Q: I am Conservator for my adult son. Can I be held liable for any of my son's unpaid bills?
Joseph Maya
Joseph Maya answered on Apr 19, 2020

A conservator is a person appointed by the Probate Court to oversee or handle the financial or personal affairs of an adult. Connecticut recognizes two types of conservators. A Conservator of the Person supervises or manages the conserved person’s personal affairs and ensures that the... Read more »

1 Answer | Asked in Employment Law for Connecticut on
Q: I have a note from doctor telling me to stay home during covid virus. My employer is telling me to come in

Employer is telling me they will have to hire someone else to fill my position. Is there anyway for me to keep my job?

Joseph Maya
Joseph Maya answered on Apr 15, 2020

First, it will be important to determine if your place of employment is considered an essential business under Governor Lamont’s executive orders regarding the COVID-19 pandemic and whether you can remotely perform your essential job functions.

Employees are eligible to take Family...
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1 Answer | Asked in Family Law for Connecticut on
Q: How do I go about documenting to the court my and my exes agreement on how to pay for college for our 3 kids?

My agreement says: "The parties request that this Court retain jurisdiction over the children’s post-secondary education in accordance with the Connecticut General Statute §46b-56c after all current children’s 529 accounts have been exhausted." I have twins in 11th grade and a child... Read more »

Joseph Maya
Joseph Maya answered on Feb 10, 2020

Connecticut General Statute §46b-56c dictates that Connecticut Courts have the authority to enter an order requiring a parent to provide support for a child (or children) to attend an institution of higher education for up to a total of four full academic years or a private occupational school for... Read more »

1 Answer | Asked in Employment Law for Connecticut on
Q: I am over 40, and being terminated from my position. I was offered either a new role at a lower pay or a severence pkg

I said I preferred to work, and was given a written offer on Friday. They are asking me to sign and accept no later than end of day on monday. My question is, are they required to allow me more time like to consider the offer of the new role, or are they within their rights to limit the time?... Read more »

Joseph Maya
Joseph Maya answered on Jan 25, 2020

Severance is not necessarily a right an employee is entitled to automatically. In CT, there is no statute or law requiring an employer to provide an employee with severance. If an employer does provide an employee with severance, there are rules related to notice depending on the individuals age.... Read more »

2 Answers | Asked in Child Custody and Family Law for Connecticut on
Q: Just hired a lawyer for 3k for my custody case but the lawyer wants to take a long approach to an easy case. what do ido

i am the custodial parent to my son and his mother according to juvenile court is allowed no less than 2 days visitation, currently i allow 2 days a week plus every other weekend. She is originally from florida and i would like to move back to florida asap. you would think this would be an easy... Read more »

Joseph Maya
Joseph Maya answered on Jan 16, 2020

Your inquiry suggests you are not happy with your current lawyer. I suggest you speak with your present lawyer about strategy, realistic timing, goals and objectives, and the law related to custody, relocation, etc. Your lawyer and you should have an honest and open communication about your... Read more »

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1 Answer | Asked in Family Law for Connecticut on
Q: Good evening do I have the right to stop answering questions with DCF and family services until I get a lawyer?
Joseph Maya
Joseph Maya answered on Jan 14, 2020

Yes, you have the right to consult with and be represented by a lawyer during an investigation by DCF. Anytime there is a domestic violence incident or arrest that involves or takes place in the presence of children, then under Connecticut law, DCF may commence an investigation regarding you and... Read more »

1 Answer | Asked in Personal Injury for Connecticut on
Q: can the failure of mitigating an unsafe condition after injury and notice be used to show lack duty to care by defendant

Person injured as invitee in commercial establishment by hazard. Notice given of hazardous condition immediately. Defendant does NOT mitigate the condition. Can lack of failure to fix issue be used to show that defendant has a propensity for not providing due care to its customers.

Joseph Maya
Joseph Maya answered on Dec 21, 2019

Your question related to personal injuries suffered by an individual is a very good one. The law on mitigation and subsequent remedial measures is a complicated body of jurisprudence. You should consider retaining an attorney to consider the facts of your specific situation. Best of luck to you and... Read more »

1 Answer | Asked in Employment Discrimination for Connecticut on
Q: Is there a smart honest fair employment discrimination attorney in Connecticut that has no Problem doing the right thing
Joseph Maya
Joseph Maya answered on Dec 20, 2019

There are many very ethical, experienced and caring employment discrimination law attorneys in Connecticut. I suggest you ask an attorney about the cases he or she has handled, and research the cases. Ask specific questions about employment law in Connecticut as it would pertain to your facts. If... Read more »

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