Who Can Override a Power of Attorney?
A power of attorney is one of the most important legal tools used in estate planning and long-term care planning. It allows one person to act on behalf of another in financial, medical, or legal matters. Because of that authority, many people assume a power of attorney is absolute. In reality, that is not always the case.
Under Missouri law, a power of attorney can be challenged, limited, or even overridden in certain situations. Understanding who has that authority—and why it happens—can help families avoid costly legal disputes and protect their loved ones.
Understanding Power of Attorney and its Limits
A power of attorney gives an appointed agent (called an “attorney-in-fact” in Missouri) the authority to act for another person, often called the “principal.” However, this authority is not unlimited. Missouri law places legal boundaries on what an agent can do and how that authority must be exercised. Generally, an attorney-in-fact’s powers are limited to:
- The powers bestowed by and described in the actual power of attorney document; and
- Powers granted by Missouri Law, including any Limitations imposed by state law.
According to the American Bar Association, disputes involving powers of attorney are among the most common legal conflicts in elder law, particularly when large financial decisions or healthcare choices are involved. These disputes often arise because family members misunderstand the scope of an agent’s authority or believe a power of attorney eliminates oversight entirely. It does not.
When Courts Can Override a Power of Attorney
The most definitive authority to override a power of attorney belongs to the Court. Judges have the power to step in when concerns arise about how a power of attorney is being used. Of course, a judge will never become involved unless someone files a Court case and puts the matter in front of a judge to begin with. This usually means a family member, or someone involved in the situation, files some sort of Court case.
Court cases may contain allegations of financial exploitation, abuse, neglect, or actions that clearly conflict with the principal’s best interests. The National Center on Elder Abuse reports that financial exploitation affects an estimated 1 in 10 older adults, with misuse of powers of attorney being a frequent factor.
When Courts get involved, they may remove an agent or suspend an agent’s authority, limit their powers, or revoke the power of attorney altogether. These proceedings are serious, legally complex, and often emotionally charged—especially when family members are involved.
Can Family Members Override a Power of Attorney?
One of the most common misconceptions is that a spouse, child, or sibling can simply override a power of attorney if they disagree with the agent’s decisions. In most cases, family members do not have that authority on their own.
Disputes often arise when multiple relatives believe someone is acting improperly, or when family members disagree about finances or medical care. Without Court involvement or proper legal action, attempting to override an agent’s authority can actually make matters worse and lead to prolonged legal battles.
According to a 2023 survey by AARP, family disputes are a leading cause of estate-related litigation, with powers of attorney frequently at the center of those conflicts.
Revocation and Capacity Concerns
A power of attorney may be revoked under certain circumstances, but legal capacity plays a critical role. If the person who created the power of attorney no longer has the capacity to understand what they are signing, attempts to revoke or alter the document will be invalid.
Capacity disputes are one of the most common reasons powers of attorney are challenged in court. These situations often require medical evaluations, legal filings, and judicial oversight—areas where mistakes can have long-term consequences if not handled correctly.
Capacity can come into play in many different situations. Commonly, there may be questions about:
- Whether or not the person had capacity to sign the power of attorney document to begin with; or
- If the power of attorney is “Springing” (meaning it goes into effect upon the signer’s incapacity), there can be concerns over when the powers “sprung” into action, i.e. when did the nominated attorney-in-fact actually take charge?
- If the principal tries to revoke the power of attorney when having limited capacity, or arguably not having capacity, was the revocation effective?
Common Problems That Lead to Power of Attorney Disputes
Many power of attorney conflicts stem from issues that could have been addressed earlier with proper legal guidance. Common problems include outdated documents, unclear authority, or agents acting outside their legal boundaries.
The U.S. Government Accountability Office has reported that elder financial abuse cases often go unreported or unresolved, especially when families attempt to handle matters informally. What may begin as a disagreement can quickly escalate into litigation involving probate courts or guardianship proceedings.
Common problems or concerns that we see include:
- An attorney-in-fact trying to use the power of attorney to do things that the document does not authorize them to do (exceeding their authority), such as:
- Trying to use medical power of attorney for financial decisions, or vice versa
- A future attorney-in-fact under a “springing” power of attorney (that takes effect upon the incapacity of the principal) trying to exercise authority or take action NOW, when they have no power yet because the principal still has capacity
- Trying to take an action that is not specifically authorized in the power of attorney document
- An attorney-in-fact trying to use a power of attorney that was not signed or notarized properly, or does not otherwise comply with Missouri law (often the document is missing wording required under MO law)
- Self Dealing: An attorney-in-fact is using their authority to their own benefit, which is unlawful. The attorney-in-fact must act in the principal’s best interest
- An out of state power of attorney that is not in compliance with, or conflicts with, Missouri Law
- A power of attorney that includes powers that are unlawful, or does not include powers that it really needs to include
- DIY powers of attorney made on the internet, or made by family members, who have selected the wrong forms, the wrong jurisdiction, or basically have no idea what they are doing when creating the document
Why Legal Guidance Matters in Power of Attorney Conflicts
Power of attorney disputes often overlap with other legal areas, including estate planning, probate, guardianship, and long-term care planning. Trying to address these issues without experienced legal guidance can expose families to unnecessary risk and financial loss.
An attorney can help evaluate whether a power of attorney is valid, whether an agent is acting appropriately, and what legal options are available to protect the principal’s interests. Just as importantly, legal counsel can help prevent disputes before they reach the courtroom.
Who Can Override a Power of Attorney? Talk to an Attorney First
Questions regarding challenging or overriding a power of attorney are sometimes simple, but often times not simple at all. The consequences of getting it wrong can be significant. If you are concerned about how a power of attorney is being used—or want to ensure yours is properly structured—speaking with an attorney early can make all the difference.
Hiring an attorney when initially creating your power of attorney document is the single biggest thing a person can do to avoid future problems. A qualified will, trust, and estate planning attorney can help their client select the proper type of power of attorney necessary, ensure it contains the correct powers necessary for one’s situation, and make sure it is executed properly.
Contact Piatchek Law Firm today to schedule a consultation. If you are interested in making a new power of attorney, our consultation is free. If you need us to review a current power of attorney, or answer questions about an existing document, we can simply charge you for our time spent assisting you on that. We’re here to help you protect your interests, your family, and your future with trusted legal guidance you can rely on.
If you have questions about this issue, a estate planning attorney in Springfield, MO can help you understand the legal risks and the best path forward.
