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What to Do If a Sibling Is Abusing Power of Attorney in Texas (2025 Guide)

A power of attorney (POA) can be a powerful and helpful tool—until someone misuses it.

When that person is a sibling, things get complicated quickly. Emotions run high. Family tensions spike. And you’re left wondering how to protect your loved one while dealing with legal red tape.

If you suspect your sibling is abusing their power of attorney rights in Texas, here’s what you need to know—and what you can do about it.

What Is a 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 person (the principal).

There are several types:

• General POA: Broad authority over finances

• Medical POA: Authority to make healthcare decisions

• Durable POA: Remains in effect even after the principal becomes incapacitated

• Springing POA: Only becomes active under certain conditions (like incapacity)

Most people name someone they trust—often a child or sibling—to manage their affairs.

How a Sibling Can Abuse Power of Attorney

Unfortunately, not every sibling handles that trust responsibly. Common abuses include:

• Taking money from bank accounts for personal use

• Changing beneficiaries on retirement accounts or life insurance

• Selling property without permission

• Preventing access to your parent or loved one

• Making healthcare decisions without consulting others

Even if the sibling claims it’s “what Mom would’ve wanted,” it may still be illegal.

Warning Signs of Abuse

• Sudden changes in financial accounts

• Unpaid bills despite available funds

• Your parent seems confused or unaware of financial activity

• Other family members are shut out of major decisions

• Property disappears or is sold unexpectedly

If you see these red flags, don’t ignore them.

What the Law Says in Texas

Texas law requires POA agents to act:

• In the best interest of the principal

• With honesty and care (fiduciary duty)

• According to the principal’s instructions

Violating these duties can result in civil or criminal penalties—and courts can remove or replace the agent.

What You Can Do If a Sibling Is Abusing POA

1. Talk to the Sibling (If Safe)

Start by asking questions. Sometimes misunderstandings can be cleared up before legal action is needed.

2. Check the POA Document

Review the exact powers granted. Some POAs limit what the agent can do. Others may not be valid if not properly executed.

3. Get Copies of Financial Records

Look for suspicious activity like large withdrawals, asset transfers, or changed account ownership.

4. Report to Adult Protective Services (APS)

If your loved one is elderly or disabled and being financially exploited, file a report with Texas APS.

5. Consult an Elder Law Attorney

An attorney can:

• Investigate the abuse

• Petition the court to revoke the POA

• Seek guardianship if the loved one is incapacitated

• File civil or criminal complaints, if appropriate

Real-Life Example: When Trust Turns Toxic

Emily’s brother, appointed under a POA, moved their elderly father to a care facility and sold his home—without telling anyone. He used the proceeds to remodel his own house.

Emily hired an elder law attorney, who helped her petition the court. The judge revoked the POA, ordered restitution, and appointed an independent guardian for her father.

Can You Revoke a Sibling’s Power of Attorney?

Only the principal (your parent or loved one) can revoke a POA—as long as they are mentally competent.

If they can’t:

• You’ll need to petition the court for guardianship

• You may also request the court to remove the agent for breach of fiduciary duty

How The Lange Firm Can Help

At The Lange Firm, we help Texas families:

• Investigate financial abuse and POA misconduct

• File court petitions to stop misuse

• Establish guardianship when necessary

• Protect vulnerable loved ones from exploitation

Family conflict is tough. But protecting your parent’s legacy and well-being is worth the fight.

Final Takeaway

Power of attorney abuse by a sibling is serious—but you have options.

If something feels off, trust your instincts and seek legal advice.

Contact The Lange Firm to take the next step and protect your family’s future.

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