Can a Family Member Override a Power of Attorney? Legal Rights and Limits

A family member cannot override a valid Power of Attorney (POA) unless they prove in court that the agent is acting illegally, beyond their authority, or against the principal’s wishes. Courts may revoke or restrict the POA if abuse is confirmed, but family members have no automatic right to bypass a legally appointed agent.

Understanding Power of Attorney Basics

A POA grants an agent (attorney-in-fact) legal authority to manage the principal’s finances, property, or healthcare. Key types include:

• Durable POA: Remains valid if the principal becomes incapacitated.
• Healthcare POA: Specific to medical decisions.
• General or Limited POA: Broad or restricted powers.

Agents must act in the principal’s best interests, following the POA’s terms and state laws.

When Can a Family Member Challenge a POA?

Family members may challenge a POA in court if they can prove:

1. The POA Is Invalid

• Fraud or coercion: The principal was pressured or tricked into signing.
• Lack of mental capacity: The principal didn’t understand the document when signing.
• Improper execution: Missing witnesses, notarization, or other state requirements.

Example: In 2022, a Florida court revoked a POA after a daughter proved her father had advanced dementia when signing it over to a neighbor.

2. The Agent Is Abusing Authority

• Financial exploitation: Stealing money, making unauthorized gifts, or neglecting bills.
• Ignoring healthcare wishes: Overriding the principal’s medical preferences.
• Conflict of interest: Using the POA for personal gain.

Case Study:
In Estate of Johnson (California, 2020), a son sued his sister, the POA agent, for selling their mother’s home below market value to a friend. The court ordered the sister to repay $150,000 and removed her as agent.

3. The Agent Violates the POA’s Terms

Example: A POA limits the agent to paying bills, but they drain the principal’s investment accounts.

Real-Life Case: In re Estate of Kurrelmeyer (Vermont, 2005)

Here’s a real example that shows how this works.

Background: In Vermont, a woman named Edna Kurrelmeyer created a POA that gave her husband full control over her affairs, including the right to set up a trust. After she fell ill, he created a trust and moved her assets into it. When Edna passed away, her daughter (from a prior marriage) objected. She claimed her stepfather had overstepped the boundaries of the POA.

What happened? The case went to the Vermont Supreme Court. The court ruled that Edna had clearly given her husband the legal authority to create a trust. Because the POA was valid and specific, the daughter’s objections—no matter how emotionally understandable—could not override it.

How to Override a Power of Attorney: Legal Steps

1. Gather Evidence
   • Bank statements, emails, or witness testimony showing misconduct.
   • Medical records proving incapacity at the time of signing.
2. File a Petition
   • Submit a petition to probate court in the principal’s state.
   • Request to terminate the POA or appoint a guardian.
3. Attend a Hearing
   • Present evidence to a judge. The agent may defend their actions.
4. Court Decision
   • If abuse is proven, the court may revoke the POA, order restitution, or assign oversight.

Costs: Legal fees typically range from 3,000to10,000, depending on case complexity.

Limitations on Family Members’ Rights

• No Immediate Authority: Family members can’t seize control without court approval.
• POA Trumps Next of Kin: An agent’s decisions override family opinions unless challenged legally.
• State Variations: Some states (e.g., Texas, Ohio) allow faster emergency guardianship petitions if urgent harm is suspected.

Alternatives to Court Action

1. Mediation: A neutral third party helps resolve disputes between the agent and family.
2. Report to Authorities:
   • Adult Protective Services (APS) for elder abuse.
   • State attorney general’s office for financial fraud.
3. Request Agent Accounting:
   • In states like New York, family members can demand the agent provide financial records.

Quote from a Legal Expert:
“Families often feel powerless against a POA, but courts take exploitation seriously. Documentation is key—without evidence, challenges rarely succeed.”
— Mark Thompson, Elder Law Attorney (Cited in AARP Bulletin, 2023).

How to Prevent POA Disputes

1. Choose a Trustworthy Agent: Avoid agents with debt, conflicts, or poor judgment.
2. Add Oversight: Require the agent to report transactions to a second family member or lawyer.
3. Update Your POA: Revise it every 3–5 years or after major life changes.
4. Use a Springing POA: Activates only if you’re incapacitated, reducing early misuse risks.

Resources:

• National Academy of Elder Law Attorneys (NAELA): Find a POA Lawyer
• Consumer Financial Protection Bureau (CFPB): POA Abuse Prevention Guide

Key Takeaways

• Family members cannot override a POA without court intervention.
• Challenges require proof of fraud, abuse, or incompetence.
• Prevent conflicts by selecting a reliable agent and clarifying their duties.

Bottom Line: A POA is a powerful legal tool—handle it carefully. If you suspect misconduct, act fast to protect your loved one’s rights.