Who Can Override a Power of Attorney?

A power of attorney (POA) authorizes an individual (the agent) to act on behalf of another person (the principal). However, its authority is not absolute. The principal (if mentally competent), a court, or, in some situations, family members who question the agent’s acts can all override the power of attorney. If the principal is still competent in making independent decisions, they may cancel the POA at any moment. If the principal is incapable, concerned family members or interested parties may need to file a lawsuit to challenge the agent’s actions, frequently claiming abuse, fraud, or failure to act in the principal’s best interests. Courts, guardians, and even state laws can limit or remove a power of attorney in certain instances.

What are the power of attorney (POA) and its limitations?

A power of attorney is a legal instrument that authorizes a chosen agent to make financial, medical, or legal decisions on the principal’s behalf. The type of power of attorney determines the scope of powers granted:

• General Power of Attorney – Grants extensive authority in financial and legal problems.
• Durable Power of Attorney – remains in force even if the principal becomes incompetent.
• A restricted or extraordinary power of attorney grants authority for a single transaction or a short period.
• Medical malpractice Power of Attorney – Enables an agent to make healthcare choices.

While a power of attorney has legal weight, it is subject to inspection and can be contested or withdrawn under certain circumstances.

Who has the authority to override a Power of Attorney?

1. The Principal (If Mentally Competent).

The principal can easily overturn a POA by revoking it. As long as the principal is mentally competent, they may terminate the agent’s power by:

• Signing a revocation form in writing.
• Notifying the appropriate parties, including banking and healthcare providers.
• To avoid further abuse, destroy the original POA paperwork.

2. The court system

If a principal cannot rescind a power of attorney, the courts may interfere. A judge may overturn or cancel a power of attorney if there is proof of:

• Abuse of authority, including financial abuse.
• Breach of fiduciary obligation means the agent is not operating in the principal’s best interests.
• Fraud or coercion in acquiring the Power of Attorney.
• Family members, interested parties, or even the state may submit a petition to contest the agent’s power.

3. Family Members and Interested Parties.

Close relatives (such as children, siblings, or spouses) can challenge a power of attorney in court if there is elder abuse, financial mismanagement, or fraud involved. If they produce sufficient evidence of misbehavior, the court may remove the power of attorney and appoint a guardian or conservator to oversee the principal’s affairs.

4.  A New Power of Attorney Document.

A newer, lawfully issued power of attorney immediately supersedes a previous one as long as the principal has the mental ability to issue it. Unless otherwise noted, the most recent version of the POA document takes precedence over previous versions.

5.  A court-appointed guardian or conservator.

If a principal is officially deemed incapable, the court may appoint a guardian or conservator to oversee their affairs. The designated guardian can overturn a power of attorney and assume control of financial and medical choices.

When Can a Power of Attorney Not be Override

A power of attorney cannot be overruled if:

• The principal is competent and wants to keep the POA.
• There is no legal basis (e.g., fraud or abuse) for challenging the agent.
• A durable POA stays in force even if the principal is incapacitated unless a court intervenes.

How to Challenge or Override a Power of Attorney

If you suspect an agent is misusing their authority or failing to act in the best interests of the principal, take the following steps:

• Gather evidence. Document any instances of mismanagement, fraud, or abuse.
• Speak with the principal – if they are still mentally competent, they can withdraw the POA.
• Consult an attorney – A legal professional can advise on the best action.
• File a court petition- Asking a judge to intervene and assess the agent’s activities.
• Request a guardianship hearing- If required, petition the court to appoint a guardian or conservator.

Final Remarks: 

A power of attorney is an effective legal tool, but it is not impervious to scrutiny. The principal, judges, and concerned family members can overturn it in certain instances. Legal action may be necessary to safeguard the principal’s interests if you suspect abuse or misuse of a power of attorney. Seeking legal guidance is critical for understanding the complexity of withdrawing or contesting a power of attorney.