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Who Can Override a Power of Attorney in Texas? Understanding Your Options

A power of attorney (POA) is one of the most powerful estate planning tools available. It allows a trusted person—called an “agent” or “attorney-in-fact”—to make financial, medical, or legal decisions on someone else’s behalf. But what happens when that power is abused or no longer reflects a person’s best interests?

If you’re wondering who can override a power of attorney in Texas, you’re not alone. Whether you’re a concerned family member, a caregiver, or the person who granted the POA (the “principal”), it’s important to know your rights and options.

At The Lange Firm, we help families across Texas understand, execute, and challenge powers of attorney when necessary. In this blog, we’ll explain who can override a POA, under what circumstances, and what legal steps are required.

What Is a Power of Attorney?

A power of attorney is a legal document that allows one person (the principal) to appoint another person (the agent) to make decisions on their behalf.

There are several types of POA in Texas:

• Durable Power of Attorney – For financial and legal decisions; remains effective even if the principal becomes incapacitated
  
  
• Medical Power of Attorney – For healthcare decisions
  
  
• Limited or Specific POA – For narrow, time-limited purposes (like selling a home)
  
  
• Springing POA – Takes effect only upon incapacity
  
  

While POAs are incredibly useful, they can also be abused or misused—leading to conflict or legal intervention.

Can a Power of Attorney Be Overridden?

Yes. A power of attorney can be overridden or revoked, but only under specific circumstances and by certain people.

In Texas, a power of attorney does not give the agent absolute, unchecked authority. There are safeguards in place to prevent and stop abuse.

Who Can Override a Power of Attorney in Texas?

Here are the key parties who may legally override or challenge a power of attorney:

✅ The Principal (the person who created the POA)

The principal always has the right to override or revoke the power of attorney—as long as they are mentally competent.

They can:

• Revoke the POA in writing
  
  
• Create a new POA that replaces the old one
  
  
• Notify the agent, banks, and institutions of the revocation
  
  

📌 If the principal has capacity, their wishes override any agent’s actions.

✅ The Court (via Guardianship or Legal Action)

If the principal is no longer competent, then only a Texas probate court can override the POA by:

• Appointing a guardian of the estate or person
  
  
• Declaring the POA invalid or revoked due to abuse, fraud, or incapacity
  
  
• Issuing an injunction to limit or suspend the agent’s authority
  
  

Family members can petition the court for review if they believe:

• The agent is stealing or mismanaging funds
  
  
• The agent is making harmful medical or financial decisions
  
  
• The POA was created under duress, coercion, or fraud
  
  

💡 The Lange Firm regularly represents families in POA disputes and guardianship petitions throughout Texas.

✅ A Third Party (Challenging the POA in Court)

A spouse, adult child, or other close relative may file a lawsuit to:

• Challenge the validity of the POA (if they believe the principal lacked capacity)
  
  
• Accuse the agent of breach of fiduciary duty
  
  
• Request court supervision or appointment of a neutral guardian
  
  

Although these individuals can’t revoke the POA directly, they can ask the court to do so.

Reasons a Power of Attorney Might Be Overridden

A POA may be challenged or revoked if:

• The principal is mentally competent and wants to end it
  
  
• The agent is acting against the principal’s best interests
  
  
• The POA was signed under undue influence or fraud
  
  
• The agent is committing financial abuse or theft
  
  
• A newer POA document has been signed
  
  
• A court finds that guardianship is necessary
  
  

Warning Signs of Power of Attorney Abuse

Family members should be on the lookout for:

• Unexplained bank withdrawals or asset transfers
  
  
• Isolation of the principal by the agent
  
  
• Sudden changes to estate plans or account access
  
  
• Refusal to share financial or medical information
  
  
• Signs of pressure, manipulation, or confusion
  
  

If you suspect abuse, contact The Lange Firm immediately. We can help you gather evidence and take fast legal action.

How to Revoke a Power of Attorney in Texas

If you’re the principal and still mentally competent, you can revoke your POA by:

1. Creating a written revocation document
   
   
2. Notifying the agent in writing
   
   
3. Informing banks, doctors, and financial institutions
   
   
4. Recording the revocation (for real estate-related POAs)
   
   

If you’re not the principal, you’ll need to petition the court to challenge or override the POA.

How The Lange Firm Helps with Power of Attorney Disputes

At The Lange Firm, we represent:

• Principals who want to revoke or change their POA
  
  
• Family members concerned about agent abuse
  
  
• Seniors facing financial exploitation
  
  
• Guardianship petitioners seeking court oversight
  
  

We’ll help you:

• Understand your rights and options
  
  
• File or defend against legal challenges
  
  
• Protect your loved ones’ finances, health, and dignity
  
  
• Establish valid, enforceable estate planning documents
  
  

📞 Contact The Lange Firm today for a confidential consultation about your power of attorney concerns.

Final Thoughts

A power of attorney is a powerful tool—but it’s not irreversible. If you’re asking who can override a power of attorney in Texas, the answer depends on whether the principal is still competent and whether abuse or misuse is occurring.

✅ If you suspect abuse or want to update your POA, The Lange Firm is here to help you take swift and strategic action.