Who Can Override or Revoke a Power of Attorney in California?

A Power of Attorney (POA) is a powerful estate planning tool in California that allows someone you trust to act on your behalf in legal, financial, or health care matters. But what happens if the person holding that power is no longer the right choice—or begins acting against your best interests?

Let’s explore who can override or revoke a Power of Attorney in California, and under what circumstances.

What Is a Power of Attorney?

A Power of Attorney is a legal document where you (the “principal”) appoint another person (the “agent” or “attorney-in-fact”) to make decisions on your behalf. POAs can be:

• General or Limited (scope of authority)

• Durable (remains valid if you become incapacitated)

• Springing (only takes effect upon incapacity)

  
  

There are two main types in California:

• Financial Power of Attorney

• Health Care Power of Attorney (included in the Advance Health Care Directive)

✅ Who Can Revoke a Power of Attorney in California?

1. The Principal (You)

As long as you are mentally competent, you have the absolute right to revoke or change your Power of Attorney at any time.

To revoke a POA, you should:

• Put the revocation in writing

• Notify your agent in writing

• Inform any third parties (banks, doctors, etc.)

• Destroy old copies of the original POA if possible

Note: Simply creating a new POA does not always revoke the old one. A clear written revocation is best practice.

⚖️ Can Someone Else Override a Power of Attorney?

Yes, under certain legal conditions. Here are the parties who can intervene:

2. The Probate Court

A California Superior Court judge can override or terminate a Power of Attorney if:

• The agent is abusing their power

• The agent is acting against your best interest

• There is evidence of fraud, coercion, or incapacity

Anyone concerned (such as a family member or fiduciary) can petition the probate court to:

• Revoke the POA

• Appoint a conservator

• Order the agent to account for their actions

3. A Court-Appointed Conservator

If a conservatorship is established for an incapacitated adult, the court may:

• Suspend or revoke the existing POA

• Give the conservator authority over financial and medical decisions

This only happens if the court finds that the POA is no longer serving the principal’s best interests.

4. Successor Agents (If Named in the POA)

If the original agent resigns, becomes incapacitated, or is removed, a successor agent named in the document can step in. However, they cannot “override” the original agent while they are still serving—unless the original agent is removed legally.

🛑 Common Reasons for Overriding a POA in California

• The agent is financially exploiting the principal

• The agent refuses to act or cannot be located

• The agent is making harmful medical decisions

• There is family conflict or elder abuse

• The principal no longer trusts the agent

✍️ How to Revoke a Power of Attorney in California

Steps to revoke a POA:

1. Complete a Revocation of Power of Attorney form

2. Sign and date the revocation while competent

3. Deliver copies to your agent and relevant institutions

4. Consider recording the revocation if the original POA was recorded (e.g., for real estate transactions)

Tip: Always consult with an estate planning attorney if you suspect misuse of a POA or need help revoking one.

📌 Final Thoughts

While a Power of Attorney is a useful and flexible planning tool, it is not irreversible. In California, the principal retains full control while competent, and courts can step in to protect vulnerable individuals if necessary.

If you're concerned about an agent’s actions—or need help drafting, revoking, or contesting a POA—our office is here to help. Contact us today for a confidential consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.