An individual can typically override their own power of attorney (POA), but termination rights depend on the type of POA and the reasons for canceling it.
Learn more about power of attorney
by Cara Hartley
Cara has written extensively on navigating privacy regulations, creating legal documents, and managing business issue.
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d.
Updated on: August 27, 2024 · 9 min read
The individual who has created the power of attorney (known as the principal) can typically override or revoke their own power of attorney (POA), but termination rights depend on the type of POA and the reasons for canceling it. This situation could come up if the person named as agent under the power of attorney goes against the instructions and wishes of the principal.
A power of attorney is a legal document that gives a trusted party (an agent or attorney-in-fact) the right to make decisions on another person’s (the principal's) behalf.
A power of attorney can give an agent authority to make financial and healthcare decisions for the principal. The decisions an agent can make for the principal can be limited or all-encompassing, depending on what powers the principal grants to the agent.
Common types of POAs include the following:
Individuals planning their estate, family members of those with a power of attorney should understand the different types of POAs, who can override them, and the situations in which they can be revoked.
A power of attorney gives an individual the legal authority to make financial or medical decisions or carry out particular tasks for the principal. Three parties can revoke this right: the principal, legal guardians, or the court.
The principal can cancel the power of attorney at any time as long as they are of sound mind. They can decide not to have a power of attorney or create a new agreement with an alternate agent.
If the principal does not have the mental capacity to make informed medical or financial decisions, a court may appoint a legal guardian (also known as a conservator in many states). A guardianship or conservator's authority can override an existing power of attorney.
A guardian or conservator has the authority to make choices for and represent an individual whom the court has determined incapable of making their own decisions.
The main difference between a power of attorney and a guardianship is that a guardianship is court-ordered. With a power of attorney, the principal chooses the agent who will act on their behalf. With guardianship, a court appoints a guardian to manage an individual’s affairs. The guardian may or may not be a family member. The court chooses the person who it believes will represent the incapacitated person’s best interests.
Court intervention may be necessary in situations where the agent is not acting in the principal’s best interests. The court can override a power of attorney if it finds evidence of abuse or misuse of the power of attorney.
Spouses and other family members usually do not have the right to override a power of attorney.
However, if a concerned friend or family member believes that the agent is neglecting, taking advantage of, or otherwise breaching the power of attorney, they can petition the court.
They may petition the court to intervene if they suspect an agent has engaged in any of the following activities:
A power of attorney can remain in effect as long as the principal is alive, but there are certain situations in which the principal or concerned loved ones may want to have the power of attorney revoked.
There are several circumstances that may justify overriding a power of attorney, including a change in the principal’s preferences and cases involving misuse and abuse.
There are a few essential steps involved with revoking a power of attorney, including speaking with a lawyer, documenting the revocation, and seeking court intervention if needed.
Laws regarding revocation of a power of attorney vary by state.
It’s important to seek legal advice from an experienced lawyer who can walk you through the requirements for your area and ensure that you comply with applicable laws.
Once you understand the legal requirements pertaining to your location, you will need to create a clearly written revocation document.
The revocation document typically includes the following information:
You may need to have witnesses or a notary present when you sign the document, depending on applicable laws.
The next step is notifying the former agent and any relevant entities (such as financial institutions or healthcare providers) that the power of attorney has ended. Notification requirements can vary based on location, and you may need to file a copy of the revocation document with a local government agency.
You should destroy any copies of the old power of attorney document that no longer apply to avoid confusion and potential misconduct. Remember to retain a copy of the revocation of power of attorney form for your own records.
If you are not the principal, and you believe the principal should revoke a power of attorney, your first step should be to speak with the principal about your concerns.
If the principal is mentally incapacitated, and you believe the agent is neglecting their duties or taking advantage of the principal, you should talk to a lawyer. A lawyer can request that the agent resign from their role. If there is an alternate agent specified in the power of attorney document, the new agent can step in.
If there is no other agent named in the original power of attorney document, a lawyer can petition a court to have the power of attorney revoked and ask the court to appoint a temporary guardian during the proceedings.
A skilled lawyer can gather evidence to prepare a strong case against the agent and fight to have the power of attorney terminated.
You do not need a lawyer to revoke a power of attorney. However, a lawyer can facilitate the revocation process.
A lawyer can fulfill the following duties:
A lawyer who specializes in estate planning can ease the stress involved with revoking a power of attorney, especially if the situation is complex or there are a lot of people involved.
A family member generally can’t revoke a power of attorney. If there are red flags, a family member can petition the court to have the power of attorney terminated.
They typically cannot override power of attorney. However, they can petition the court if they believe the agent is misusing the power of attorney. If the court finds evidence of misuse, it may cancel the power of attorney.
A principal of sound mind can override a power of attorney and remove an agent’s authority to make decisions on their behalf.
This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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