Who Can Override a Power of Attorney?

A power of attorney (POA) gives someone the legal authority to make decisions for another person. But what if the agent misuses their power and causes financial abuse or harm? When that happens, the POA can be revoked or overridden.

If you suspect misuse, you need to know how to challenge a POA and protect your loved ones. Here’s what you need to know about revoking a power of attorney.

What is a Power of Attorney?

A power of attorney is a legal document that allows one person (the “agent” or “attorney-in-fact”) to act on behalf of another person (the “principal”). It’s often used for financial, healthcare or legal purposes when the principal is incapacitated. The agent is legally obligated to act in the best interests of the principal and follow the instructions outlined in the POA document. The scope of their authority depends on the type of POA granted, and they must not exceed their designated powers.

How Does a Power of Attorney Work?

A POA comes in a few different forms:

  • General POA – Grants broad authority.
  • Limited POA – Restricts authority to specific tasks.
  • Durable POA – Remains in effect even if the principal becomes incapacitated.
  • Medical POA – Allows the agent to make healthcare decisions.

A POA is established through a legal document, usually signed and notarized, that outlines the agent’s powers and limitations. The principal can specify if the power of attorney takes effect immediately or only under certain circumstances, like incapacitation. The agent is supposed to act in the principal’s best interest, manage financial transactions, make medical decisions or perform other specified tasks.

The agent’s power ends when the principal revokes, dies or as stated in the POA document. If the agent fails to perform their duties or is misconduct, legal action can be taken to revoke their authority.

Can a Power of Attorney Be Revoked?

Yes, a POA can be revoked under certain circumstances. The principal has the right to revoke it as long as they are mentally competent. If the principal is no longer capable, others may take legal action to override the POA if misconduct is suspected.

Who Is Authorized to Revoke a Power of Attorney?

Revoking a POA depends on who holds legal authority. The following individuals or entities may take action:

  • The Principal – If mentally competent, they can revoke the POA at any time.
  • Family Members – Spouses, children, or other close relatives may challenge the POA if they believe it is being misused.
  • A Court – A judge can intervene to remove an agent if they are abusing their power.
  • A Conservator or Guardian – If a conservatorship is established, the conservator may have authority over the POA.
  • Hospitals or Healthcare Providers – In medical situations, they may refuse to follow POA instructions if they believe the agent is not acting in the best interest of the principal.

Does Next of Kin Override a Power of Attorney?

No, next of kin does not automatically override a POA. If a valid POA is in place, the agent’s authority supersedes that of family members unless legal action is taken to challenge it.

Under What Circumstances Can a Power of Attorney Be Overridden?

A POA can be overridden if the agent:

  • Mismanages or uses the principal’s money.
  • Acts against the principal’s benefit.
  • Coerces or controls the principal.
  • Becomes incapacitated or unable to do their job.
  • Doesn’t follow the POA document.

Examples of Financial Power of Attorney Misconduct

If an agent engages in the following behaviors, the POA could be revoked:

  • Takes out funds for personal use.
  • Makes unauthorized financial transactions.
  • Sells property without consent.
  • Denies the principal medical care.
  • Changes beneficiaries on financial accounts.

Does Conservatorship Override Power of Attorney?

Yes, a court appointed conservator can overrule a POA. Once a conservatorship is established, the conservator has decision making authority and the agent under the POA has no power.

How Do You Take the Power of Attorney Away From Someone?

If you suspect abuse or misconduct, follow these steps:

1. Consult an Attorney – A lawyer, such as Stone & Sallus, can guide you through the legal process and ensure the POA is properly revoked.

2. Talk to the Principal – If they are competent, they can revoke the POA by signing a revocation document.

3. Draft a Revocation of Power of Attorney – This must be signed and notarized.

4. Notify the Agent and Relevant Institutions – Send copies of the revocation to banks, healthcare providers, and other entities.

5. File a Petition in Court – If the principal is incapacitated, family members or concerned parties can request the court to remove the agent.

6. Seek a Conservatorship – If necessary, a conservator can be appointed to take over decision-making authority.

Do You Need a Lawyer in California to Revoke Power of Attorney?

While a lawyer is not always required, legal assistance is highly recommended, especially if:

  • The principal is incapacitated.
  • The agent refuses to step down.
  • There is financial abuse or fraud involved.
  • A court petition is necessary.

A skilled attorney can help navigate California’s legal requirements and protect the principal’s best interests. If you suspect misconduct, contact Stone & Sallus today to get started getting the legal support needed to challenge an abusive power of attorney.