Legal Question in Family Law in New York

Terminating rights to adult children

I am a 25 year old part time student who is employed full time, living on my own. My mother, who has filed for bankruptcy, has drug, alcohol, and stealing as recurring problems, is basically completely estranged. I would like to terminate any legal rights she might have to me, so that she can not have access to any decisions made for health care if I were taken ill, she can not have legal access to my children, she can not continue to have access to my college loans. I understand I can make a living will, assign power of attorney, etc, but I want to absolutely cut off her ability to legally make claim on any aspect of my life. Are there any specific steps I can take? I can only find literature on terminating the rights of parents of minors. And is there more I should do other that just a living will, a will, power of attorney, etc?

Thank you.


Asked on 6/02/05, 10:39 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Terminating rights to adult children

My sympathies on the challenge of growing up with an impaired parent. My mother had a similar parent and it is something she still carries with her 20 years after my grandmother's passing.

But my mother also takes pride in making a good life and having been an excellant mother (and she is!)

Right now your mother has only rights to your estate if you have no will, no husband, and no children. She may have some health rights as 'next of kin'.

The way to terminate such rights is to give them to someone else. Make out a 'living will', a regular will, and all other such allocations and disbursements. There will be no rights remaining.

This is the type of work that I do and I am available for a consultation for no fee.

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Answered on 6/03/05, 1:22 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Terminating rights to adult children

You are an adult. Your mother does not have any rights to you. If you want to give someone a durable power of attorney, or health care proxy its very simple to set up. But once you're over 18 the only control a mother has is the control you give to her.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/03/05, 6:03 am


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