In this article, you will learn:
- You can override your own Power of Attorney at any time, as long as you have legal capacity.
- Revoking a POA requires proper documentation and notifying all relevant parties.
- If the principal has lost capacity, loved ones can petition the Rhode Island Probate Court to remove the agent.
- Agents must follow strict fiduciary duties. If they misuse their power, legal action can be taken.
- A new POA or court intervention can ensure someone trustworthy is managing financial or healthcare decisions.
A Power of Attorney (POA) is a powerful legal tool. It allows one person (the principal) to give another person (the agent or attorney-in-fact) the authority to make financial or healthcare decisions on their behalf. But what happens if the person you’ve appointed as your agent is no longer the right choice?
Whether due to a change in relationship, concerns about misuse of authority, or declining trust, it’s important to understand your rights and options. Below, we’ll explain how to override a power of attorney in Rhode Island, and what steps you or your loved ones can take to protect your interests.
Can You Override Your Own Power of Attorney?
Yes. If you are the person who created the Power of Attorney (the principal) and you still have legal capacity (the ability to make informed decisions), you can revoke or change it at any time in Rhode Island.
Even if the Power of Attorney was created years ago, you maintain full control over that document as long as you’re competent. For example, if you appointed a friend or relative ten years ago but your relationship has changed, you can revoke their authority and appoint someone else.
To override your existing POA, you can:
- Sign a formal revocation of power of attorney
- Create a new Power of Attorney that names a different agent
- Notify your previous agent, your financial institutions, healthcare providers, and any relevant parties of the change
Rules and regulations may apply to the nuances of your situation. It’s important to follow Rhode Island legal procedures for revocation to ensure the previous agent’s authority is fully terminated. A Rhode Island Estate Planning Attorney can help you override your existing POA and establish sound documentation to designate updated agents.
What If the Principal No Longer Has Capacity?
If the individual who created the Power of Attorney is no longer mentally competent (due to dementia, stroke, or other incapacity), they cannot legally revoke or amend the document themselves.
In these cases, concerned family members or loved ones can petition the Rhode Island Probate Court to intervene.
A court may step in if:
- The current agent is suspected of financial abuse or mismanagement
- The agent is neglecting their fiduciary duties
- There is evidence the agent is not acting in the best interests of the principal
The court can review evidence and, if appropriate, remove the agent and appoint a new fiduciary, often through a guardianship or conservatorship proceeding.
What Are an Agent’s Responsibilities?
In Rhode Island, anyone serving as a financial or healthcare power of attorney is legally bound by a fiduciary duty. This means they must always act:
- In the best interest of the principal
- With honesty, integrity, and care
- Without self-dealing or personal gain
If these duties are violated, court intervention is generally the course of action to take next.
About the Author
Attorney Jennifer Haskins is a Rhode Island estate planning attorney dedicated to guiding families through the process of establishing powers of attorney documents, guardianship, and ensuring that their interests are protected. She helps families understand their rights and responsibilities when it comes to appointing or challenging decision-makers to help themselves and their loved ones lead the best life that they possibly can. A Warwick native now living in Cranston, Jennifer provides compassionate, client-focused legal guidance tailored to Rhode Island families’ unique needs.
Attorney Haskins earned her J.D. and certification in Compliance and Risk Management from New England Law in Boston, and is licensed to practice law in Rhode Island. At McCarthy Law, she assists clients in establishing customized estate plans, administering trusts, and avoiding probate to protect their legacies.
When she’s not advocating for her clients, Jennifer enjoys playing tennis, reading, attending concerts and plays, and exploring the outdoors with her Golden Retriever mix, Murray.
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