Can a Parent Cancel a Caregiver Affidavit in West Virginia?

You notarized the caregiver affidavit six months ago. The child is settled in school, has a pediatrician, and is doing well. Then the parent calls and says they want to cancel everything. Can they?

Yes. Both of West Virginia's non-judicial caregiver instruments can be revoked by a parent, and understanding the process protects you from being caught off guard.

How Revocation Works for the Caregiver Affidavit

Under WV Code §49-2-703, a parent, guardian, or legal custodian can rescind the Caregiver Consent Affidavit at any time by providing written notification to the health care professionals providing services to the child. The revocation is immediate once written notice reaches the provider.

When approval is revoked, the statute also requires the caregiver to follow up — you must notify any provider or health service plan that was involved in the child's care through the affidavit. This isn't optional; it's a statutory duty.

After revocation, you no longer have legal authority to consent to medical treatment for the child. If a clinic or pharmacy tries to proceed based on the old affidavit, they lose their good-faith liability protection because the revocation is on record.

How Revocation Works for the Power of Attorney

The Power of Attorney under WV Code §49-8-4 is also revocable at any time by the parent or legal custodian who signed it. The signer simply notifies the caregiver that the delegation is cancelled. No court involvement is required.

Once the POA is revoked, your authority over school enrollment, educational records, and medical decisions ends. The school and medical providers should be notified.

What You Can Do After Revocation

If the parent revokes your authority but the child remains in your care — perhaps the parent isn't actually able to resume custody — you're in a difficult position. You have the child physically but no legal authority to make decisions for them.

Your options depend on the circumstances:

If the parent takes the child back: The instruments served their purpose and the arrangement has ended. No further action is needed.

If the parent revoked your authority but the child is still with you: This is the scenario that calls for legal help. A caregiver cannot use the affidavit's no-signature exception after a parent, guardian, or legal custodian has refused consent: §49-2-703 requires the affidavit to state that none of them has refused. Knowingly making a false statement in an affidavit under this article is a misdemeanor punishable by a fine of up to $1,000 under §49-2-707.

In this situation, consider:

• Talking directly with the parent about why they revoked and whether a new agreement is possible
• Contacting Legal Aid of West Virginia (1-866-255-4370) to discuss your options
• Petitioning for minor guardianship under WV Code §44-10-1 et seq. if the child's safety or welfare is at risk
• Asking for a temporary guardian if an immediate need exists — under WV Code §44-10-3(g), the court may appoint one if the appointment is in the child's best interest, for up to six months, with extensions by further order

Preventing Surprises

The best defense against an unexpected revocation is communication with the parent throughout the caregiving arrangement. The affidavit and POA are cooperative tools — they work because the parent agreed (or at least didn't object). When that cooperation breaks down, the non-judicial instruments break down with it.

Keep records of your caregiving — medical appointments attended, school meetings, daily care activities. If the situation escalates to a guardianship petition, this documentation supports your case.

The West Virginia school and medical consent guide includes a parent contact log and an authority tracking system that helps you document the caregiving arrangement from day one — useful both for maintaining the relationship and for protecting the child's interests if things change.

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