Serving as agent for a family member is not only a significant responsibility, but it can bring added pressure knowing that a loved one will be directly affected by the decisions you make. Learn about your legal obligations, as well as your limitations, in this article by Keystone Law.
People often assume that when the principal under a power of attorney (POA) is a family member, the agent’s obligations become more flexible. Some believe that family relationships allow agents to take a more relaxed approach to their duties, while others feel pressured to go beyond the authority granted in order to better protect their loved one.
In reality, neither assumption is correct. An agent’s responsibilities under a power of attorney are defined by the terms of the POA document and applicable law — not by their relationship to the principal.
While family members sometimes hesitate to challenge a relative who is acting improperly as an agent, legal consequences can still arise if the agent fails to fulfill their fiduciary duties. Similarly, if an agent exceeds the authority granted to them, the actions they take on the principal’s behalf may be subject to reversal.
Some principals choose to appoint professional fiduciaries or third parties to avoid potential conflicts that can arise when family members serve as agents. However, many individuals feel more comfortable entrusting important financial, legal and medical matters to someone they know and trust — even if doing so may create additional risks.
This article takes an in-depth look at the duties of an agent acting on behalf of a family member under a power of attorney. It explains the types of actions agents are authorized to take, the limits of their authority and common questions that arise when POAs involve family relationships.
Does Power of Attorney Have to Be a Family Member?
An agent acting under a power of attorney does not have to be a family member. In general, any individual aged 18 or older who has the legal capacity to enter into contracts and fulfill fiduciary duties may serve as an attorney-in-fact.
Some people prefer to appoint a family member as their attorney-in-fact, while others intentionally exclude relatives from this role. Ultimately, the decision comes down to personal preference and priorities. For some principals, an agent’s competence and efficiency are the most important considerations, leading them to appoint a professional fiduciary. For others, trust and familiarity carry greater weight, making a close family member the natural choice.
Regardless of whether the agent is a relative or not, it is essential that the person selected is capable of handling their power of attorney obligations to family members.
For example, someone who struggles to manage their own finances or is facing significant debt may not be the best choice to serve as an agent under a financial power of attorney. Similarly, if you prefer conventional medical treatment but a loved one strongly rejects modern medicine in favor of alternative approaches, they may not be the ideal person to appoint as your health care agent.
Can More Than One Family Member Have Power of Attorney?
California does not impose any limits on how many family members a principal can appoint under a power of attorney to act as their agent.
In cases where an agent’s responsibilities are substantial, naming multiple agents can sometimes improve efficiency and provide additional oversight. However, requiring unanimous agreement among co-agents or appointing individuals who struggle to cooperate can lead to delays, indecision or even mismanagement.
When a POA includes multiple agents, it is essential to clarify whether they have joint or concurrent authority:
- Joint authority: Co-agents must unanimously agree on any action taken on the principal’s behalf.
- Concurrent authority: Co-agents may act independently and make decisions without the consent of the others.
What Are My Power of Attorney Obligations to Family Members?
Your power of attorney obligations to family members are governed by the terms of the POA and applicable state law.
While the principal can specify which actions you are authorized to take — and where your authority is limited or withheld — they cannot grant powers that violate state statutes, such as the ability to change a will or delegate authority to someone else. Similarly, a financial agent cannot make health care decisions, and a health care agent cannot make financial or legal decisions.
It’s important to understand the specific terms of the POA you’re acting under, as POA duties can vary widely — some agents may have broader authority than usual, while others may have more limited powers.
What a Power of Attorney for a Family Member Can and Cannot Do
While general guidelines can be helpful, they don’t always address the specific questions families have about the role of a power of attorney.
The table below provides a more detailed look at what a person with power of attorney can and cannot do — regardless of whether they are a family member.
Question | Is an agent permitted to take this action? | Why or why not? |
Can a family member revoke a power of attorney? | ✔
| A family member may file a petition with the court to have a POA revoked. However, they cannot independently revoke a POA on the principal’s behalf. The court will grant the requested revocation only if valid legal grounds exist for doing so, such as a breach of fiduciary duty. |
Can a family member override a power of attorney? | ✔ | A family member may file a petition with the court to override a POA. They cannot independently override a POA on a family member’s behalf. The court will grant an override only if there are valid legal grounds for doing so, such as proven POA abuse. |
Can a family member challenge a power of attorney document? | ✔ | POA documents may be challenged by interested parties if there are valid legal grounds for initiating a dispute, such as ambiguous terms or a suspicion of undue influence, lack of capacity, improper execution, fraud or forgery. |
Can a family member use power of attorney after death? | ✕ | All powers of attorney terminate upon the principal’s death. An agent who continues to act under a POA after being notified of the principal’s passing may be held personally liable. If an agent acts in good faith without knowledge of the principal’s death, those actions can generally be reversed — and the agent is typically not held responsible for the error. |
Can a power of attorney gift money to family members? | With express authority | An agent may only make gifts to family members if expressly authorized to do so in the POA. Even if authorized, agents must exercise due care when gifting a principal’s property to avoid conflicts of interest. |
Can a power of attorney keep family away? | ✕ | Agents cannot arbitrarily block family members from visiting or communicating with the principal. Intentional isolation of the principal is often a warning sign of potential POA abuse. That said, a health care agent may limit visits if they reasonably determine that such visits could endanger the principal’s health or general wellbeing. |
Can a power of attorney evict a family member? | ✔ | An agent may evict a family member only if the POA grants authority to manage real estate and the eviction is in the principal’s best interests. Even when authorized, the agent must follow all applicable state laws and legal procedures. |
Can a power of attorney create, change or revoke a family member’s will? | ✕ | Agents are never permitted to create, modify or revoke a principal’s will. Attempting to do so is prohibited and could result in the will being invalidated, with the agent potentially facing legal consequences. |
Can a power of attorney create, change or revoke a family member’s trust? | With express authority | An agent may only create, modify, revoke or transfer assets into a trust if the power of attorney explicitly grants them that authority. Even then, this authority ends when the principal or trust creator passes away. Assets already held in a trust may not be controlled by an agent under a POA, either before or after the principal’s death. |
Can a power of attorney take money for themselves? | ✕ | Taking a principal’s money for personal use is considered self-dealing and is generally prohibited. However, if the POA explicitly allows gifts to the agent, such actions may be permitted. In these cases, it is essential to maintain detailed records of any funds taken in case the transactions are later reviewed or questioned. |
Can a power of attorney change ownership of a family member’s property? | With express authority | Most agents under a financial POA can manage a principal’s property and dispose of it so long as this power is granted in the POA. If the POA does authorize the agent to change ownership, they may sell, transfer or gift the property — always ensuring that their actions align with the principal’s best interests. |
Useful Tips for Addressing Power of Attorney Problems With Family
Taking legal action can be an effective way to resolve power of attorney disputes among family members when they arise. In some situations, however, disputes can be resolved informally through open family discussions, which can save significant time and money.
The sections below offer practical guidance for both agents and family members without legal authority who are navigating POA disputes. Even if you choose not to pursue formal legal action, a skilled attorney can provide advice or mediate discussions, helping achieve a more efficient and favorable resolution while minimizing court costs and delays.
Advice for POA Agents
Serving as an agent under a power of attorney for a family member can be challenging. You must balance your legal obligations with what is best for the principal while navigating the preferences and concerns of other relatives.
Below are practical tips for agents involved in POA matters, particularly when disputes with family arise.
Proactively Consult an Attorney About Your Obligations
Agents should consult a power of attorney lawyer before taking any action on behalf of the principal. A lawyer can clarify your duties, explain any limitations on your authority and ensure you understand the POA’s terms.
This step helps prevent actions or decisions that could expose you to liability and provides peace of mind that you are fulfilling your responsibilities correctly.
Provide Detailed Records
Agents are required to maintain meticulous records of all transactions made under a POA. Sharing these records periodically with family members can promote transparency, build trust and help prevent disputes.
Regular updates keep family members informed and can significantly reduce scrutiny or conflict over your actions.
Involve Family Members in Major Decisions
Even when not legally required, involving family members in significant financial, legal and medical decisions can help reduce tension and resistance.
For example:
- Selling the principal’s home under the POA should be discussed with family if there are emotional or inheritance considerations, such as sentimental attachments to the property.
- Consenting to a high-risk surgery should be discussed with family unless it is an emergency.
Collaboration fosters trust and helps maintain harmony.
Advice for Family Members With No Legal Authority
Family members without legal authority may feel powerless when a relative has control under a POA. While some may resort to conflict, there are non-confrontational strategies that are often more effective.
Below are practical tips for family members who want to stay involved without formal authority.
Closely Monitor the Agent’s Actions
Carefully reviewing records provided by the agent is essential to ensure they are fulfilling their duties and acting within the POA’s limitations. Flag suspicious transactions and consider consulting an attorney if misconduct is suspected.
Incomplete or inaccurate records may indicate simple mistakes — but they can also be warning signs of potential abuse, which should not be ignored.
Raise Concerns With the Agent Directly
It’s usually best to address concerns directly with the agent before taking legal action, which can escalate conflict unnecessarily.
Communicate in writing to create a record in case legal action becomes necessary. Calm, clear communication is often the fastest way to resolve disputes.
Consult an Attorney Immediately if the Agent Will Not Cooperate
Consult a power of attorney lawyer promptly if an agent is uncooperative. Non-cooperation may indicate POA abuse.
A lawyer can compel communication, request records or seek court intervention. If abuse or neglect is confirmed, legal action may include removing the agent, seeking damages and other remedies.
FAQs About Power of Attorney Obligations to Family Members
Still confused about your power of attorney obligations to family members? Explore the frequently asked questions below for additional guidance.
Yes. A family member may serve as an agent under a power of attorney, provided they are legally an adult and meet California’s qualifications for acting as attorney-in-fact.
There is no legal limit to how many individuals can serve as agents under a power of attorney. However, appointing multiple agents can create complications.
While having more than one agent may increase oversight, it can also lead to disagreements, delays and logistical challenges — especially if the POA requires joint decision-making. When several agents must agree on decisions, important matters may be stalled if a consensus cannot be reached.
You cannot “get” power of attorney over a parent — your parent must voluntarily grant it to you. To do so, they must have mental capacity and choose to appoint you as their agent.
This is typically done by completing a power of attorney document that names you as the agent and outlines the scope of your authority. The document must then be properly executed by signing it before a notary public or two qualified witnesses.
After the document is completed, you may be required to sign an agent’s affidavit acknowledging your duties under the POA before you begin acting on your parent’s behalf.
No. A power of attorney can only be created by someone who possesses the mental capacity to enter into contracts — which an incapacitated person typically does not have.
If a family member is already incapacitated, you cannot obtain power of attorney for them. Instead, you may need to petition the court for a conservatorship. A conservator has authority similar to a POA agent, but the arrangement is supervised by the court.
Yes. A family member may serve as a witness to a power of attorney in California — only the named agent is prohibited from acting as a witness. That said, attorneys often recommend using disinterested witnesses to reduce the risk of future challenges based on undue influence or fraud. Financial institutions may also scrutinize POAs more closely when family members serve as witnesses.
As a practical matter, executing the document before a notary public is often preferable to relying on witnesses alone. Notarization can provide stronger evidence that the principal had the requisite mental capacity at the time of signing and may help facilitate acceptance of the POA by third parties.
An agent under a medical power of attorney may restrict family visits if those visits are harmful to the principal’s health, safety or overall wellbeing.
That said, an agent cannot arbitrarily isolate the principal from loved ones. Unnecessary isolation may raise concerns about potential abuse.
Yes. A power of attorney can be granted to any trusted adult — not just family members. The person appointed must legally be an adult, have the capacity to enter into contracts and be able to fulfill their fiduciary duty to act in the principal’s best interests.
A sibling abusing power of attorney should not be ignored. Although confronting a sibling about misuse of authority can be difficult, the principal’s financial, legal and medical needs must remain the top priority.
If you suspect abuse, consider documenting your concerns, requesting records from the agent and consulting a power of attorney lawyer. An attorney can help investigate the situation and, if necessary, pursue legal action to stop the misconduct.
Yes. A family member can serve as an agent under a durable power of attorney, so long as they are a competent adult capable of acting in the principal’s best interests.
A durable power of attorney remains effective even if the principal later becomes incapacitated, which is why many people choose trusted relatives for this role.
There are no special power of attorney forms designed exclusively for families. However, standard financial and medical POA forms are widely available for free online.
After completing the form, the principal must properly execute it — usually by signing it before a notary public or qualified witnesses — to make it legally valid.
Still confused about your power of attorney obligations to family members?
Power of attorney disputes can create conflict and uncertainty for families. If you believe an agent is misusing their authority, failing to act in the principal’s best interests, refusing to communicate with family members or neglecting the obligations of their role, it may be time to explore your legal options.
At Keystone, our attorneys regularly handle complex power of attorney disputes. We help families hold agents accountable when necessary, and we also advise attorneys-in-fact who want to ensure they are fulfilling their duties properly.
Contact Keystone today to learn how we can help.
