Legal Question in Wills and Trusts in Massachusetts

Re: Relinquish POA, H/C Proxy, Executorship

Yes you can.

The question is if you should.

I think that this matter should be discussed. Feel free to contact me.

Re: Relinquish POA, H/C Proxy, Executorship

Hello,

It sounds like you are in a difficult situation.

Connecticut law (Section 1-56r) states that "such document may be revoked at any time by the maker, or by a person in the maker's presence and at the maker's direction, burning, canceling, tearing or obliterating such document or by the execution of a subsequent document by the maker..."

In summary, yes, you can revoke such powers, and yes, your mother must be aware of the change. From her point of view, if you are no longer taking care of her interests, she needs to be aware of it so she can make sure her interests are taken care of by someone else.

Probate courts routinely appoint conservators in a case like yours. You can contact a probate attorney in your area to assist you in the process, or you can contact the probate court yourself and ask how to go about revoking your powers and appointing a conservator in your place. It sounds like you want to be done with this as soon as possible, so I would suggest contacting an attorney, who could speed the process along.

One last thought: This is common for people taking care of their ill family members; such a situation can be difficult on everyone involved. Sometimes removing oneself from the decision-making responsibility can help alleviate the tension among family members and allow you to focus on your relationship and time together, rather than your obligations to each other.

Good luck!

Diana