A power of attorney in Texas authorizes a person to take action on behalf of another person. When you create a power of attorney you become the principal. The person you choose to act on your behalf is the agent.
Why would anyone override a power of attorney?
Powers of attorney are legally binding, but sometimes it becomes necessary to override the authorization. For example, your family and friends might discover the agent is unfit for the role due to abusing their position.
What are the options for overriding a power of attorney?
If you’re the principal and of sound mind, the concerned parties can approach you. If you agree that the agent is unfit, you can override the power of attorney and choose a new agent. It’s not mandatory to complete a Texas Revocation of Power of Attorney Form, but the form does make the revocation official and provide written proof.
The concerned parties can also bypass you and go directly to the agent. However, this is only recommended if the concerned parties have professional assistance. Taking this step without professional assistance could result in crucial mistakes or a misinterpretation of the situation.
Is going to court necessary?
If all else fails, the concerned parties can take the situation to court. A judge will determine if the agent should be removed from their duties. This requires proof that you (the principal) aren’t of sound mind and that the agent is abusing or neglecting their duties.
No one can predict how an agent will behave when fulfilling their role as power of attorney. You might choose someone you trust, only to have them abuse that trust. You can consider having an alternative agent in case your main choice doesn’t work out.
