Who Can Override Power of Attorney in Texas? (2025 Guide)
Power of attorney (POA) gives someone the legal right to make decisions on your behalf—but what happens when things go sideways?
What if the agent is making poor choices… or worse, using their role for personal gain?
Let’s talk about who can override a power of attorney in Texas, how the process works, and what options exist if you suspect abuse or misconduct.
Quick Refresher: What Is Power of Attorney?
A Power of Attorney is a legal document that gives one person (the “agent” or “attorney-in-fact”) the authority to act on behalf of another (the “principal”). In Texas, POAs can be:
Durable POA: Stays in effect even if the principal becomes incapacitated
Medical POA: Limited to healthcare decisions
Limited or Special POA: Used for a specific time or purpose (e.g., selling a home)
The agent has a fiduciary duty—a legal obligation to act in the best interest of the principal. When that’s not happening, it may be time to step in.
Can a Power of Attorney Be Overridden?
Yes, but only under certain conditions and by the right people.
Let’s look at who can override a POA and how it’s done.
1. The Principal (If Mentally Competent)
If the person who granted the power is still mentally sound, they can:
Revoke or cancel the power of attorney at any time
Sign a written revocation and notify the agent and any institutions involved
Example:
Grace gave her son authority under a durable POA. Later, she saw that he was selling her antiques without her consent. Since she was still mentally competent, she revoked the POA and appointed a new agent.
2. The Court (If the Principal Is Incapacitated)
If the principal is no longer mentally competent, a Texas court can intervene.
This typically happens when:
The agent is suspected of abuse or neglect
There’s a family dispute over decision-making
Someone petitions the court for guardianship
If a judge appoints a guardian of the estate or person, that guardian’s authority usually overrides the POA.
Example:
David had POA for his uncle, who was in a memory care facility. When other relatives saw bank withdrawals for personal purchases, they went to court. A guardian was appointed, and the POA was revoked.
3. Third Parties (With Caution)
Sometimes, banks or hospitals may refuse to honor a POA if:
It’s outdated
They suspect fraud
The document doesn’t meet legal standards
While they can’t override it entirely, they can delay or reject it unless validated. In such cases, court intervention may follow.
4. Other Family Members or Interested Parties
Family members can’t override a POA on their own—but they can:
Challenge the POA in court
File a petition for guardianship
Report suspected elder abuse to Adult Protective Services
They may also present evidence to a judge to show the agent is violating their duties.
What Happens When POA Abuse Is Suspected?
Signs of abuse might include:
Sudden financial changes or asset transfers
Unpaid bills despite available funds
Isolation of the principal from loved ones
Pressure or manipulation of decisions
In these cases, time is critical.
What You Can Do:
Contact an attorney immediately
Notify financial institutions of your concerns
File for guardianship if the principal can’t revoke the POA
How to Revoke or Replace a Power of Attorney
If the Principal Is Capable:
Sign a written revocation
Deliver the revocation to the agent and relevant parties
Execute a new POA if desired
If the Principal Is Incapable:
File a guardianship petition in probate court
Show evidence of the agent’s misconduct or unfitness
The judge may revoke the POA and assign a new decision-maker
How The Lange Firm Can Help
At The Lange Firm, we:
Help families revoke or challenge problematic powers of attorney
Represent clients in guardianship petitions
Draft clear, protective POAs that minimize abuse risk
Intervene when POAs are misused or misinterpreted
Whether you’re creating a POA or dealing with a family dispute, we’ll guide you through it with clarity and compassion.
Final Takeaway
A power of attorney gives great power—and with that comes responsibility.
If you believe a POA is being misused, or if your loved one’s rights are being ignored, you don’t have to stay silent.
Contact The Lange Firm for help revoking or challenging a power of attorney and protecting your family’s future.
