POA Revoked: Am I Still Responsible for Mom's Care?

Removing you as power of attorney (POA) does not automatically release you from all potential responsibilities for your mother’s well-being.

A POA is a legal tool for decision-making, not a general declaration of family responsibility. Your potential duty to your mother comes from different legal concepts, including filial responsibility laws (also known as filial support laws).

1. The Role of Power of Attorney (POA)

When your mother revoked your POA, she legally removed your authority to:

• manage her financial affairs (if you had a financial POA)
• make medical decisions on her behalf (if you had a health care POA)

You no longer have the legal right to make decisions or manage her assets on her behalf. Your legal duties under the POA — known as fiduciary duties — have ended.

2. Filial Responsibility Laws: A State-by-State Factor

Whether you have a legal duty to provide financial support for your mother’s basic needs (such as medical bills or housing) depends on the filial responsibility laws in her state.

• These laws exist in about half of U.S. states (over 25 states) and can legally obligate adult children to financially support an impoverished parent who is unable to care for themselves.
• While rarely enforced in many states, they do exist and can be invoked, especially by nursing homes or government entities seeking payment for care.
• Your status as POA has no bearing on these laws. If your state has a filial responsibility law, you could still be held financially responsible if your mother cannot pay for her own necessities and you are financially able to help.

3. The Need for Guardianship/Conservatorship

If your mother removed you as POA but then becomes incapacitated (unable to make her own decisions) and does not have an alternate agent named, a new legal process may be necessary:

• The problem: Without a valid POA, no one has the legal authority to manage her medical or financial care.
• The solution: You or another interested party may need to petition a court to appoint a guardian (for personal care decisions) or a conservator (for financial affairs).
• Your involvement: You do not have to serve as the guardian/conservator of your mother if you do not want to. However, if you do petition the court, you would be asking for a new type of court-ordered authority. If you don’t petition, the court will appoint someone else, but as a next of kin, you may still be involved in the process.

Disclaimer: This information is for general educational purposes and is not legal advice. Laws regarding family and elder care vary significantly by state.