This is such a catch-22. I saw some similar questions posted and answered. I understand this question should be directed towards a legal professional. But so far I'm turning up nothing anywhere I look. Situation:
I am caregiver for my mom. She's 84, early stages dementia. I have DPOA and no one has ever had an issue with me using it. She no longer understands 'bank accounts' or 'debit cards'. Luckily so far, I'm getting over-all gratitude for everything I do, no accusations/paranoia/threats etc.
She receives Social Security and that's it. I am an independent contractor, lately with very little income, mainly due to an ongoing dispute over her 2 family property, and a certain large bank that has the mortgage on it.
She receives a summons to appear in Superior Court. Soon after a Default judgement. I come in to the case, filing my DPOA document, filing my Appearance Pro Se, but on behalf of the defendant, my mother. I file Motion to Vacate default because she didn't realize she needed to do anything. I file for a Motion to File Late Answer. Judge approves everything. Several months and hearings later, when I was late for 'Conference to Review Status', a new judge retroactively Denies all of my filings, and then IMMEDIATELY enters Judgement for the Plaintiff, by DEFAULT. All he writes on all of my filed docs is "not signed by attorney admitted to the BAR.'
The plaintiff's initial Motion for Default immediately goes back into standing, and there's not a thing I can do about it. Due Process = none.
Hire a lawyer? No for several reasons. Money is one of them. I was so close, and I have a very strong defence/counter-claim to at least force them into a settlement. But instead, now we've been served with a 90 day notice, a necessary step preceding a foreclosure. The judge told me, in plain English in session "There is a way around this but I cannot give you legal advice". Anybody, please please, I need a hero with a simple answer.