A power of attorney in the wrong hands can be dangerous. Stop POA misuse now before it’s too late.
While powers of attorney are often signed as a form of protection, they can have the opposite effect if used improperly. When a principal’s loved ones discover a power of attorney may have been misused, they often wonder what recourse they have to override it.
Suppose a power of attorney grants a family member the authority to manage financial decisions for an elderly relative. The role requires access to the relative’s bank accounts to pay bills and handle other necessary expenses.
One day, while reviewing the relative’s bank statements, their family members notice large withdrawals that far exceed the relative’s usual bills and expenses. They begin to suspect the family member with POA is abusing their authority to make improper withdrawals.
Can a power of attorney be revoked in this situation? And if so, who can override the power of attorney? The answers depend on several variables, including whether the relative is mentally competent and the specific terms of the POA.
For example, the power of attorney may authorize the family member to invest or grow the principal’s assets, which could explain the large transfers. The attorney-in-fact, likewise, may be responsible for covering unusually high medical bills or other valid expenses, making seemingly large withdrawals perfectly proper under the terms of the POA.
The bottom line is that POAs can be complex. What may appear to be power of attorney abuse could be entirely legitimate — or the reverse could be true as well.
For this reason, if you suspect misconduct by an attorney-in-fact, it’s best to consult a knowledgeable probate attorney. They can help confirm whether you have standing to challenge the POA and guide you through investigating the situation to determine the most effective approach for protecting the principal’s interests.
When Can Power of Attorney Be Revoked?
A principal — provided they are mentally competent — can revoke a power of attorney at any time, without needing to provide justification.
According to Probate Code section 4151, a principal can either revoke a power of attorney (1) in accordance with the terms of the POA, or (2) by a writing (typically a Notice of Revocation that clearly states an intent to rescind the power of attorney and revoke any authority granted to the attorney-in-fact). Per California law, no POA can restrict a principal from revoking the document in writing.
The same procedure, however, does not apply if the principal lacks mental capacity and cannot legally revoke the POA on their own. In such a case, someone will need to petition the court to have the POA revoked on the principal’s behalf.
According to Probate Code section 4540, there are numerous parties that can petition the court to revoke a POA on behalf of an incapacitated principal, including:
- The principal’s spouse
- The principal’s relatives
- The principal’s conservator
- The personal representative or trustee of the principal’s estate
- The court investigator
- The public guardian
- The principal’s successor in interest
- Any interested person or friend of the principal
When can someone file a petition to revoke a POA on another’s behalf? Generally, it requires evidence that the agent is acting against the principal’s best interests or otherwise abusing their authority. A petition may also be filed if there is reason to believe the POA was executed after the principal had already lost capacity, which, if proven, would automatically render the document invalid.
To determine whether a POA should be revoked, the court will review relevant evidence, which may include financial statements, medical records and even estate planning documents. The court will then assess whether the agent’s actions exceeded the scope of the POA or caused harm to the principal or anyone with a legal or financial interest in their wellbeing.
Do You Need a Lawyer to Revoke Power of Attorney?
Whether an attorney is needed to revoke a power of attorney depends on who is seeking revocation.
If you are the principal and still have capacity, you generally do not need a lawyer to revoke the power of attorney. However, if you are revoking the document because your agent misused their authority — for example, by making unauthorized financial transactions with your money — it may be wise to hire legal representation. A probate attorney can help you pursue recovery of misappropriated assets and, in some cases, damages.
In the event you are seeking to revoke a power of attorney on behalf of a principal, the process can be more complex. While the law does not prohibit you from pursuing such a claim on your own, working with a probate attorney is strongly recommended. An experienced attorney can ensure compelling evidence is gathered to support the claim, and they can persuasively argue your case in court — which can significantly improve your chances of achieving a favorable outcome.
If an incapacitated principal’s financial wellbeing appears to be at risk due to an agent’s actions, it is essential for loved ones or fiduciaries to act quickly and decisively to safeguard the principal’s assets, since the principal may be unable to protect themselves. Involving an attorney early in the process can streamline efforts, help uncover and stop any abuse, and minimize the potential for lasting harm to both the principal and others who rely on their financial stability.
Revoking Power of Attorney When the Principal Can’t: Who Has the Authority?
When a principal becomes incapacitated, determining who has the authority to revoke a power of attorney is not always straightforward.
The sections below outline common situations where a POA may be contested on a principal’s behalf. If you’re uncertain about whether you have the right to take this step, consulting a probate attorney can help clarify your options.
Can a Family Member Revoke a Power of Attorney?
If a principal lacks capacity, their family members can generally petition the court to have the power of attorney revoked.
Suppose an attorney-in-fact is neglecting to satisfy their power of attorney obligations to a family member who is incapacitated. The agent is suspected of mismanaging the principal’s finances, failing to make mortgage payments and pay bills, and ignoring investment responsibilities, despite the POA requiring such actions.
In this case, the principal’s family members generally would have the ability to seek revocation of the POA.
Can One Power of Attorney Supersede Another?
In most cases, one power of attorney can supersede another — so long as the new power of attorney explicitly revokes all prior powers of attorney. This applies whether the new document replaces an older version or appoints a different agent.
For example, if a principal previously granted a power of attorney limited to business matters but now wishes to create a broader power of attorney, they can execute a new document that supersedes the old one and removes authority from the former agent.
It’s important to remember that only a principal of sound mind can create a new power of attorney or designate a new agent. While loved ones can petition the court to revoke a POA if the principal is incapacitated and the agent is acting against their best interests, their authority does not extend beyond seeking court intervention.
Does Conservatorship Override Power of Attorney?
A conservatorship does not automatically override a power of attorney. While they may seem similar on the surface, a POA is executed while a person is still competent and does not require court approval, whereas a conservatorship is established by a court after a person’s incapacity and remains under court supervision.
When a conservator is appointed and there is already a POA in place, the court’s priority is to prevent conflicting authority. If an existing power of attorney overlaps with the conservator’s powers, courts often suspend or limit the POA during the conservatorship. Under Probate Code section 4206, an attorney-in-fact must account to the conservator, and the conservator — with court authorization — may revoke the POA.
That said, a conservator usually only seeks revocation of a POA if the agent is abusing their authority or failing to act in the principal’s best interests.
The court also may establish a conservatorship to cover areas not adequately addressed by a POA. For example, a conservator of the person may be appointed to manage the principal’s healthcare and daily needs if the POA only covers financial matters.
Ultimately, whether a conservatorship overrides a POA depends on the principal’s specific circumstances. In these complex scenarios, it’s ideal to consult a qualified probate attorney for guidance.
Can a Doctor Override Power of Attorney?
The principal’s doctor cannot override their power of attorney. While doctors can provide guidance or identify red flags, they cannot unilaterally revoke a POA. Ultimately, their role is to provide medical advice and treatment.
If a doctor has reason to believe an agent is overstepping their authority or harming the principal, their best course of action would be to report their concerns to the appropriate authorities, such as Adult Protective Services or law enforcement. They also could alert the principal’s family members about the potential abuse, advising them to challenge the POA.
Can a Spouse Override Power of Attorney?
A principal’s spouse cannot typically unilaterally override a power of attorney, but they generally have standing to petition for its revocation if they suspect the attorney-in-fact is acting improperly.
In fact, since spouses often jointly own assets with the principal, they often are directly affected by an agent’s mismanagement or misappropriation of a principal’s assets.
Can a Dementia Patient Revoke Power of Attorney?
A dementia patient can only revoke a power of attorney if their cognitive condition has not yet significantly declined — as revoking a POA requires a high degree of capacity, known as contractual capacity.
If a dementia patient’s cognition has declined significantly, to the point they can no longer be relied upon to make sound decisions, someone other than the principal will need to file a formal claim to have the POA document revoked. For their claim to be successful, they must prove to the court how the attorney-in-fact’s actions have harmed the principal’s financial wellbeing.
How to Rescind Power of Attorney: The 5-Step Process Explained
Is an agent misusing their authority under a power of attorney? Learn the steps loved ones can take on behalf of an incapacitated principal to seek revocation of the POA.
1. Confirm Who Can Override the POA
Remember, if a principal has capacity, only they can override their power of attorney.
However, if a principal lacks capacity, any person identified in Probate Code section 4540, including spouses, relatives, successors in interest or any other interested person or friend of the principal can file a petition to have the power of attorney revoked.
Filing a claim does not guarantee it will be granted. The court will carefully evaluate multiple factors before deciding whether canceling the POA is appropriate.
2. Assess Whether Your Grounds for Seeking Revocation of the POA are Valid
You cannot seek revocation of a power of attorney without proper grounds, such as evidence the agent has acted against the principal’s best interests or caused financial harm.
Attempting to revoke a POA without legitimate grounds is effectively an effort to override the principal’s own wishes regarding whom they wished to make important decisions on their behalf after their incapacity.
Was your sibling abusing a power of attorney to steal from your parent?
Was an agent with power of attorney transferring money to themselves?
Did they mismanage the principal’s assets?
All of these constitute valid reasons for bringing a POA revocation claim, but seeking revocation out of a personal vendetta against the agent or to assume control of the principal’s finances through a conservatorship is not.
3. Consult a Fiduciary Misconduct Attorney
If this article feels overwhelming, imagine trying to navigate the POA revocation process on your own — it’s not something we’d recommend.
Hiring a fiduciary misconduct attorney may require an investment of time and resources, but it often pays off. A skilled attorney can manage the complex and tedious aspects of the process, increasing the likelihood of achieving a favorable outcome.
Moreover, if the principal is being harmed by an agent’s improper actions, an attorney can help quickly stop the abuse. If your claim is successful, you may also be able to recover attorney’s fees and costs, either from the agent responsible or from the principal’s assets.
4. Consider Conservatorship
When a power of attorney is successfully revoked, it can leave a gap in the protection of the incapacitated person’s affairs. Petitioners should be prepared to propose an alternative to the court. For example, if they or another responsible adult is capable, they might seek conservatorship.
That said, courts are often cautious about revoking a POA because conservatorships can severely limit the principal’s independence and rights far more than a POA can.
If the principal requires only minimal assistance — such as help managing investments — a full conservatorship may be unnecessarily restrictive. In such cases, a less formal arrangement may be sufficient.
To determine the best way to protect the principal should their POA be revoked, it is advisable to consult a knowledgeable attorney. Planning alternative arrangements before filing a petition ensures the court can consider them when making its decision.
5. File a POA Revocation Claim with the Court
Once you have clearly outlined how the agent has misused the authority granted to them under the power of attorney, you can file a formal revocation claim with the court.
The claim should clearly state your reasons for seeking revocation and be supported by the evidence you’ve collected so far. If you don’t yet have substantial evidence, this is nothing to be concerned about, as there will be ample time for your attorney to gather evidence during the discovery phase of litigation.
It’s also crucial that you specify the legal remedies you are pursuing — typically, revocation of the POA, but also (when applicable) recovery of any money or property the principal lost due to the agent’s alleged abuse.
If you are working with legal counsel, they can prepare and file the claim on your behalf. You and your attorney should attend this hearing, where your attorney will present arguments to support your case. The court may then grant or deny the claim — or it may even defer its decision to a later date.
FAQs: Revoking a Power of Attorney
Still struggling to understand who can override a power of attorney? The frequently asked questions below provide additional clarity.
If you have a specific POA matter for which you are seeking legal guidance, it may be more beneficial for you to connect with our firm directly. Our legal team is standing by to assist.
How does a power of attorney work?
A power of attorney (POA) is a legal document signed by the principal authorizing an agent (attorney-in-fact) to make medical (health care POA) or financial/legal decisions (general POA). POAs can be broad/limited, durable (effective upon signing until death), or springing (effective upon incapacitation). Capacity is required to execute a valid POA.
Can a power of attorney be revoked?
Yes, powers of attorney generally can be revoked, especially if the agent is misusing authority (e.g., self-dealing, violating fiduciary duties). Prompt action is crucial to prevent further harm and recover losses.
Under what circumstances can a power of attorney be revoked?
If the principal has capacity, they can revoke at any time without reason. If incapacitated, revocation requires court petition with verifiable misconduct (e.g., overstepping authority, misappropriating funds, commingling assets, risky investments).
Do you need a lawyer to revoke a power of attorney?
Principals with capacity generally do not need a lawyer for revocation but may for recovery of abused assets. For incapacitated principals, revocation is complex; a lawyer is advisable for evidence collection and court presentation.
Who is authorized to revoke a power of attorney?
Principals with capacity can revoke themselves. For incapacitated principals, family members, friends, or interested parties can petition the court for revocation if misconduct is proven.
Does next of kin override power of attorney?
No, unless the principal voluntarily revokes (if capable) or the court revokes on petition (if incapacitated).
Can one power of attorney supersede another?
Yes, if the newer POA includes language revoking prior ones. Only principals with capacity can enact a new POA.
Where can I find a power of attorney revocation form?
While power of attorney revocation forms can be found online for principals with capacity seeking to revoke their own POA — for example, through the Sacramento County Public Law Library — California does not require for any official form to be used.
To revoke a POA as a principal, the principal can either follow the instructions in the POA for modifying or revoking the document (if any are listed) or they can achieve the same through the execution of a new POA that expressly revokes all prior POAs.
The document should clearly identify the principal and agent by name and reference the date the original POA was executed. The principal then must sign the revocation and either have the POA notarized, or have two witnesses attest to its signing.
Finally, copies of the revocation should be provided to the agent under the old POA and any institutions that may be affected by the change.
If, on the other hand, you are seeking to revoke a power of attorney on behalf of an incapacitated principal, you will generally need to draft a petition from scratch to file with the court. An attorney can handle this process for you and ensure the petition is properly prepared and filed.
How do you take power of attorney away from someone?
If principal has capacity: revoke per terms or in writing. If incapacitated: (1) Confirm valid grounds/misconduct; (2) Verify authorization to petition; (3) Consult lawyer; (4) Gather evidence; (5) File court petition. Conservatorship may follow revocation.
How much does it cost to revoke power of attorney?
The cost of revoking a power of attorney can vary widely — from nothing (if a mentally competent principal revokes their own POA) to tens of thousands of dollars or more, depending on the complexity of the case and its claims.
For instance, if a loved one seeks to revoke a POA on behalf of an incapacitated principal after discovering the agent misappropriated hundreds of thousands of dollars, litigation will likely be needed to determine the extent of the losses and how the agent harmed the estate. This can significantly increase costs.
While legal fees may sometimes be recoverable from the agent or the principal’s assets if the case goes to trial and you prevail, recovery is not guaranteed. The best approach is to consult a probate attorney for an estimate of costs — and your chances of recovery — before initiating a lawsuit.
Can you change power of attorney without consent?
No, changing a power of attorney on behalf of a principal, whether or not consent is provided, is strictly prohibited. Only the principal (provided they have capacity) has the right to change their POA.
If anyone other than the principal has altered a power of attorney, this can serve as grounds for legal action. In such cases, an interested person may petition the court to revoke the POA on behalf of the incapacitated principal.
Does guardianship supersede power of attorney?
A guardianship can potentially supersede a power of attorney, but only in very limited circumstances.
In California, a guardianship exclusively refers to a legal arrangement in which an adult assumes responsibility for the care and custody of a minor who is not their own.
While powers of attorney typically apply only to adults, a rare exception can occur with minors. If a parent grants temporary authority over their child to another adult through a POA for child care, a court may allow a guardianship to override the POA to ensure the child’s best interests are protected.
That said, outcomes depend on the specific facts of the case.
Does conservatorship override power of attorney?
Not automatically; courts prefer less-restrictive POAs if needs are met. However, conservatorship can override if abuse occurs or unmet needs exist (e.g., health care if only financial POA).
Who can override a medical power of attorney?
Similar to financial powers of attorney, medical powers of attorney can typically be overridden by principals themselves, provided they have capacity. If they lack capacity, a concerned party — such as a family member, friend or conservator — can file a petition with the court seeking the document’s revocation.
Overriding a medical power of attorney (also referred to as a health care power of attorney or health care proxy) is difficult, as health care agents often must make urgent decisions for the principal.
For example, if a principal suffers a stroke and becomes temporarily unconscious, emergency medical procedures may need to be performed immediately. The principal’s medical team would seek consent from their health care agent, who may not have the opportunity to consult with the principal’s loved ones beforehand. Unlike financial decisions, medical decisions are often irreversible, making timely and authoritative consent critical.
Under limited circumstances — such as when an agent plans future treatment that the principal’s family disagrees with — a petition can be filed to remove the agent, but before this can happen, it must be proven that the agent is neglecting the principal or acting against their best interests.
Can a hospital override power of attorney?
Hospitals generally cannot override a power of attorney when making decisions about an incapacitated patient’s medical care. If a patient has executed a health care power of attorney or an Advance Health Care Directive, only the individuals designated by the principal have the legal authority to make medical decisions on their behalf — regardless of whether the hospital disagrees with those decisions.
Until 2023, California was one of the few states that allowed hospitals to make decisions over a patient’s family if the incapacitated person had no POA or advance directives. As of 2025, however, the law now allows surrogates — ranging from the principal’s next of kin to the person who brought them to the hospital — to be designated to make health care decisions for patients without POAs or advance directives.
Can a nursing home override a power of attorney?
No, a nursing home cannot override a valid power of attorney — only the agent designated in the POA has legal authority to make financial or medical decisions for the resident.
Nursing home employees are required to follow the agent’s instructions, and acting contrary to a POA can lead to legal consequences.
If a resident has no POA or advance directive, a designated surrogate — such as a next of kin — can typically make decisions on their behalf.
When does a power of attorney stop?
A power of attorney — without exception — ends at the death of the principal. Any use of a POA beyond this point constitutes power of attorney abuse and should be appropriately litigated.
Can a family member revoke power of attorney?
Yes, if the principal lacks capacity, family members can petition the court, proving harm to the principal or finances. A conservatorship may be needed afterward.
Can a family member revoke power of attorney online?
No, a power of attorney generally cannot be revoked online in California. Anyone seeking to rescind a POA on behalf of an incapacitated principal must prepare and file a physical petition with the court.
Can someone get power of attorney without consent?
No, only a principal can execute a power of attorney for themselves. However, someone other than a principal may petition the court for a conservatorship without the consent of the individual for whom the conservatorship is being sought.
Interesting in revoking a power of attorney?
Revoking a power of attorney on behalf of a principal can be complex, which is why having an experienced legal team by your side is crucial. Working with skilled attorneys can simplify the process, reduce stress and increase the likelihood of achieving the outcome you want.
The fiduciary misconduct lawyers at Keystone have extensive experience handling all types of power of attorney matters and are ready to guide you. Call today today to discover how we can help.
