When Can You Challenge a Power of Attorney in Texas?

 Posted on September 24, 2025 in Elder Law

As loved ones age, families often use Powers of Attorney (POA) to manage money, health care, and other needs. But sometimes, these documents are abused or created under unfair conditions. In Texas, you may be able to challenge a POA if you believe your elderly loved one’s rights or safety are at risk. Speak to a San Antonio elder law attorney to understand how you can protect your family member.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that lets one person, the ‘agent,’ make decisions for another person, the ‘principal.’ In elder law, these documents are often used so that adult children or trusted relatives can step in to help manage finances or health care for an aging parent.

Texas law, particularly the Texas Estates Code, Chapter 751, recognizes several types of Powers of Attorney. The most common is the Statutory Durable Power of Attorney, which allows an agent to handle financial matters. 

Texas also provides related tools such as a Medical Power of Attorney for health care decisions and a Directive to Physicians, often called a living will. Because these tools give someone else major authority, they must be set up and used carefully. A poorly prepared POA can leave an elder vulnerable to abuse.

When Can You Challenge a Power of Attorney in Texas?

You can challenge a Power of Attorney in court if it was created in the wrong way or is being abused. A POA may be invalid if the elder did not understand what they were signing, or if someone pressured them. In those cases, family members may have grounds to challenge it. If the agent is misusing money or property or making decisions that go against the elder’s best interests, relatives might also be correct to challenge the designation.

Texas law also makes it clear that an agent under a Statutory Durable Power of Attorney has a fiduciary duty, meaning they must act with financial honesty and loyalty to the elder. If this duty is violated, or "breached," the court may step in.

Can a Guardianship Replace a Power of Attorney in Texas?

If a POA is not working — for example, because the agent is abusing their power — the court may consider guardianship instead. Guardianship lets a court appoint someone to make decisions for an elder who can no longer do so safely. Texas courts prefer less restrictive tools like POAs and medical directives, but they will appoint a guardian if that is the only way to keep an elderly person protected.

What Should You Do If a Power of Attorney Is Being Abused in Texas?

If you believe an elder’s POA is being abused, it is important to act quickly. An attorney can review the document, investigate how it was signed, and ask the court to revoke or limit the agent’s authority if needed. In some cases, guardianship may better protect your loved one.

Contact a San Antonio, TX Power of Attorney Lawyer

If you are worried that a power of attorney is being abused, or if your elderly parent needs stronger legal protection, help is available. At The Law Office of Ryan C. Moe, PLLC, a San Antonio, TX elder law attorney can explain your options, from challenging a POA to seeking guardianship. Call 210-861-6000 today to learn how we can protect your loved one’s rights.