Who Can Override a Power of Attorney in Texas? A Guide to Legal Authority and Challenges
A power of attorney (POA) is a powerful legal tool that allows one person (the agent) to act on behalf of another (the principal) in financial, medical, or legal matters. But what happens if the agent begins to abuse that power—or if family members believe the POA no longer reflects the principal’s best interests?
That leads to a critical question:
Who can override a power of attorney in Texas?
At The Lange Firm, we help families across Texas create, enforce, and challenge powers of attorney. Whether you’re trying to stop financial abuse or clarify your loved one’s wishes, this comprehensive guide explains who can override a POA, when it can be done, and how the law protects or restricts that process.
Table of Contents
What Is a Power of Attorney?
Types of Power of Attorney in Texas
Can a Power of Attorney Be Overridden?
Who Can Override a Power of Attorney in Texas?
Grounds for Challenging a Power of Attorney
How to Override a Power of Attorney in Court
Does Guardianship Override a Power of Attorney?
What Happens If an Agent Abuses Their Power?
Can the Principal Override Their Own Power of Attorney?
How The Lange Firm Can Help
Final Thoughts
Related Blogs for Further Reading
What Is a Power of Attorney?
A power of attorney is a legal document that gives someone else the authority to act on your behalf. The person granting the power is called the principal, and the person receiving it is the agent or attorney-in-fact.
POAs can be:
Financial – allowing access to bank accounts, real estate, taxes
Medical – allowing someone to make healthcare decisions
General – covering all aspects of life
Limited – applying to a specific task or time frame
Texas recognizes powers of attorney under the Texas Estates Code, Chapter 751.
Types of Power of Attorney in Texas
✅ Durable Power of Attorney
Remains in effect even if the principal becomes incapacitated.
✅ Medical Power of Attorney
Applies only to medical decisions, and only when the principal cannot make those decisions for themselves.
✅ Springing Power of Attorney
Only becomes effective under specific circumstances—usually when a doctor confirms the principal’s incapacity.
✅ Non-Durable Power of Attorney
Ends when the principal becomes incapacitated or revokes it.
Knowing the type of POA is important when considering whether and how it can be overridden.
Can a Power of Attorney Be Overridden?
Yes—but only in certain situations, and only by individuals or institutions with legal standing or court approval.
An agent’s authority under a POA is not absolute. If the agent is misusing their power, or if circumstances have changed (e.g., the principal is no longer competent), the POA can be challenged or overridden.
Who Can Override a Power of Attorney in Texas?
In Texas, the following individuals or entities may have the authority to override or invalidate a power of attorney:
✅ The Principal
If competent, the principal can revoke or override the POA at any time.
✅ A Court (Probate or Guardianship Court)
Can override or invalidate a POA based on abuse, fraud, or incapacity.
✅ A Court-Appointed Guardian
A legal guardian appointed after a guardianship proceeding can override or limit a POA.
✅ Family Members (through the court)
Spouse, adult children, siblings, or other interested parties can petition the court to challenge a POA if abuse or misconduct is suspected.
✅ The Agent Themselves
The agent can resign or decline to act under the POA. This doesn’t override the POA, but it ends the agent’s role.
Grounds for Challenging a Power of Attorney
You cannot override a POA just because you disagree with the decisions made. You must show that the agent is acting improperly or that the POA was never valid.
Legal grounds include:
Undue influence or coercion in signing the POA
Lack of mental capacity when the POA was executed
Forgery or fraud
Abuse of authority or self-dealing by the agent
Neglect of the principal’s best interests
📌 The Lange Firm helps clients gather evidence and file petitions when challenging a POA in court.
How to Override a Power of Attorney in Court
If you’re not the principal but believe the POA is being abused or was never valid, here’s how to act:
Step 1: Hire a Probate or Elder Law Attorney
They can assess the facts, review the document, and determine your legal options.
Step 2: Gather Evidence
You’ll need medical records, financial statements, or witness accounts showing fraud, undue influence, or incapacity.
Step 3: File a Petition in Probate Court
The court will hold a hearing to determine whether the POA should be revoked, limited, or overridden.
Step 4: Request Emergency Relief (If Needed)
In urgent cases, you can ask the court for a temporary restraining order to stop the agent from making harmful decisions.
Does Guardianship Override a Power of Attorney?
Yes. In Texas, when a court appoints a guardian of the person or estate, that guardianship supersedes an existing POA.
The court may:
Terminate the POA entirely
Allow it to continue in limited scope
Replace the agent with the guardian
This usually happens when the principal has become legally incapacitated and needs court-monitored protection.
What Happens If an Agent Abuses Their Power?
Abuse of power can take many forms, such as:
Stealing or misusing funds
Changing beneficiaries on accounts or insurance
Selling property for personal gain
Blocking access to the principal’s friends or family
If this occurs, the agent can be:
Removed by the court
Sued for breach of fiduciary duty
Forced to repay stolen or misused funds
In some cases, criminal charges (like elder financial abuse) may apply.
Can the Principal Override Their Own Power of Attorney?
Yes—as long as they are mentally competent.
To revoke a POA, the principal must:
Sign a revocation form in writing
Notify the agent in writing
Notify any institutions or people relying on the POA (banks, doctors, etc.)
Record the revocation if the POA was filed with a county clerk
The principal may also create a new POA, which automatically revokes any prior document.
How The Lange Firm Can Help
We help Texas families:
Draft or revoke valid powers of attorney
Investigate financial abuse or agent misconduct
Petition the court to override or replace a POA
Represent guardians in conflicts with POA agents
Defend valid powers of attorney against unwarranted attacks
Whether you’re the principal, an heir, or a concerned family member, The Lange Firm offers experienced, compassionate legal guidance.
📞 Contact us today for a consultation on protecting your loved one—or defending your authority as a POA agent.
Final Thoughts
So, who can override a power of attorney in Texas?
✅ The principal (if competent), a court, a legal guardian, or a concerned family member through legal action.
Powers of attorney are powerful tools—but they come with responsibilities and risks. If you’re unsure about the legal validity of a POA or concerned about abuse, The Lange Firm is here to help you act quickly and confidently
