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Estate Planning guide

Revoking or Challenging a Power of Attorney in Texas

How a principal takes authority back, what an agent can and cannot do, and what family members can do when an agent is misusing it.

By Grover C. Peters IIIReviewed September 20267 min read

A power of attorney gives someone real authority over your money or your medical care. Usually that works exactly as intended. When it does not — the relationship sours, or an agent starts treating a parent's accounts as their own — Texas law provides ways to take that authority back.

If you are the principal: revoking your own power of attorney

As long as you have capacity, you can revoke a power of attorney at any time, for any reason.

  1. Put it in writing. Sign a revocation that identifies the document and the agent. Have it notarized.
  2. Record it in the county property records if the original power of attorney was recorded, as it usually is when real estate is involved.
  3. Notify the agent in writing and ask for the original back.
  4. Notify every institution that has the document: banks, brokerages, doctors' offices. Institutions that rely on a power of attorney without knowing it was revoked are generally protected, so until they know, the agent may still be able to act.
  5. Sign a new one naming someone else, if you want an agent.

When a power of attorney ends automatically

  • On the principal's death. The agent has no authority to pay bills or distribute property after that; an executor takes over.
  • On revocation, or on the terms of the document itself.
  • For a spouse serving as agent, on divorce, unless the document says otherwise.
  • When a court appoints a permanent guardian of the estate, the agent's financial authority generally ends; a court can also suspend it earlier.

What an agent can and cannot do

An agent is a fiduciary. They must act in the principal's best interest, in good faith, within the authority granted, and keep records. Unless the document expressly grants the power, an agent generally cannot:

  • make gifts of the principal's property;
  • create or change a trust, or change beneficiary designations or survivorship rights;
  • pay themselves beyond reasonable compensation or reimbursement;
  • mix the principal's money with their own.

An agent also can never make or change a principal's will. And no power of attorney lets an agent override a principal who still has capacity and says no.

If you are family: challenging an agent

Warning signs include unexplained withdrawals, bills going unpaid, the agent refusing to share any information, sudden changes to deeds or beneficiaries, or a parent being isolated from other relatives.

Ask for an accounting
An agent can be required to account for transactions. A written demand is often the first step.
Go to court
Texas law lets the principal, a guardian, certain relatives, and others petition a court to construe the power of attorney, determine whether the agent acted properly, and grant relief, including removing the agent's authority.
Guardianship
If the principal lacks capacity, a court-appointed guardian can end the agent's authority. See our guide to powers of attorney and guardianship.
Report exploitation
Suspected financial exploitation of an adult 65 or older, or an adult with a disability, can be reported to Texas Adult Protective Services at 1-800-252-5400 or txabusehotline.org. In an emergency, call 911.
If the principal still has capacity

The fastest fix is usually for the principal to revoke and sign a new document naming someone else. Courts are slower and more expensive, and are for cases where the principal cannot act for themselves.

Common questions

Can a medical power of attorney override my parent's own wishes?

No. A medical agent acts only when the doctor determines the principal cannot make their own decisions, and must follow the principal's known wishes.

My sibling is the agent and won't tell me anything. Do they have to?

An agent's duty runs to the principal, not the rest of the family. But certain relatives can ask a court to require an accounting when there are real concerns.

This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.

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