Does a Guardianship Override a Power of Attorney in California?

If you’re navigating a loved one’s declining health or mental capacity, you may be wondering what legal tools exist to help manage their affairs, especially when prior plans are in place. During such an emotional time, it’s common to wonder: Does a guardianship override a power of attorney (POA) in California? The short answer is: Yes, it can, but it also depends on your circumstances. Understanding how these two roles work and when one may take precedence over the other can make all the difference in protecting your loved one’s well-being and financial stability.

“When families are overwhelmed and unsure of what comes next, a neutral fiduciary provides stability,” said Marcia L. Campbell, CPA and Licensed Professional Fiduciary. “Understanding the legal distinctions between a guardianship and a power of attorney is key to making the best decisions for your loved one and avoiding unnecessary court intervention,” she explained.

Whether you’re stepping into a caregiving role or trying to honor someone’s final wishes, having the right information ensures you can move forward with confidence, compassion, and clarity. Let’s walk through the key differences between a power of attorney and guardianship and explore what happens when both are in play.

Does a Legal Guardianship Override a Power of Attorney in California?

Yes, a guardianship can override a power of attorney because guardianship is court-mandated, granting a higher authority to the guardian to act in the best interest of the person under care and potentially nullifying provisions in the power of attorney.

However, this still depends on your unique circumstances. Ultimately, this is a legal question that is more complicated to answer. Here’s everything you need to know, from the difference between a POA vs. guardianship to how to revoke a power of attorney.

Related Article: How to Get a Power of Attorney in California

Guardianship vs. Power of Attorney: What’s the Difference?

Both of these are legal mechanisms that give someone the authority to act on another’s behalf, but they arise in different ways. Here’s the difference between a power of attorney vs. guardianship:

Power of Attorney (POA): This is a legal document voluntarily signed by someone (called the principal) while they are still mentally competent. It names someone they trust (the agent or attorney-in-fact) to make decisions, often about finances, healthcare, or both.
Guardianship: This is a court-appointed role that steps in when someone is no longer able to care for themselves or manage their affairs. In California, this process is known as a conservatorship for adults and a guardianship for minors.

Essentially, the difference is that one is chosen by the individual in advance, and the other is appointed when that person is no longer able to make or communicate decisions.

Does Guardianship Have a Power of Attorney?

No, a guardianship doesn’t automatically have power of attorney. However, once appointed by the court, a conservator or guardian typically has broader and more formal authority than a POA.

That means if both exist, and the court has stepped in with a conservatorship or guardianship, the conservator’s or guardian’s authority usually overrides the POA. However, the court may review how the POA has been used before deciding whether to revoke or limit it.

“I’ve seen many situations where a valid POA helped avoid the need for a guardianship or conservatorship altogether because proper planning was done in advance,” said Campbell. “Still, it’s important to know that when a conservatorship is needed, it takes precedence,” she added.

Who Can Override a Power of Attorney?

Understanding the broader scope of authority people have is important to providing context and answering the question, Does a guardianship supersede a power of attorney? Here in California, there are a few circumstances in which a power of attorney can be challenged:

By the principal if they are still mentally capable
By a concerned family member through a petition to the court
By the court if there is evidence of abuse, fraud, or incapacity

“I always remind families that a POA is powerful, but it’s not untouchable,” warned Campbell. “If concerns arise, the probate court has the authority to intervene and, in some cases, appoint a conservator instead,” she explained.

Does a Guardianship Override a Medical Power of Attorney?

Yes, in most cases. A guardianship appointed with authority over medical decisions will generally override a previously assigned medical power of attorney. Still, the person acting in this capacity should review any existing documents to understand the individual’s original wishes.

“It’s important to understand that overriding a medical power of attorney is much different than overriding a financial power of attorney because you may not have the luxury of time,” added Campbell.

If there’s no reason to believe the medical POA is being misused, the court may allow it to remain in effect. It all comes down to what serves the individual’s best interest and health.

Does a Power of Attorney Override a Guardianship?

No, once a court orders a guardianship or conservatorship, that role takes priority, even if there was a power of attorney in place. The conservator guardian is now legally responsible for the person’s care or finances, and their decisions carry the weight of court approval.

That’s why proper estate planning matters so much. Naming a trusted POA early can help avoid the need for court intervention later and ensure the principal’s wishes are carried out.

Can a Family Member Override a Power of Attorney?

Not directly, but they can petition the court to intervene if the principal lacks the mental capacity. If there are concerns about an agent’s decisions, this could be grounds to override and revoke a power of attorney. Some common examples of power of attorney misconduct include:

Overstepping authority
Misappropriating or misusing the principal’s money or property
Commingling the principal’s assets with outside assets
Failing to provide accurate accounting
Making risky investments using the principal’s money
Failing to keep the principal informed
Borrowing the principal’s money without express consent
Disregarding responsibilities (paying the principal’s bills, rent, etc.)

A neutral fiduciary is especially helpful for families who are in conflict or need an unbiased professional to step into either role, whether as a power of attorney or court-appointed conservator or guardian.

How to Revoke a Power of Attorney in California

If someone still has the capacity, revoking a POA is relatively straightforward. Here is how to revoke a power of attorney in 4 steps:

Sign a written revocation
Notify the current agent and all relevant institutions
Destroy old copies, if possible
File the revocation with the county recorder’s office if the original was recorded

If the person no longer has capacity, a conservatorship or guardianship may be required to revoke the POA legally. In those situations, a professional fiduciary will work closely with families and the courts to ensure the transition is handled properly and with compassion. Here’s how that works:

Determine whether or not you have valid grounds to override the power of attorney
Confirm that you are authorized to override the power of attorney
Consult with a power of attorney lawyer
Gather evidence to back up your POA revocation
File a formal POA revocation claim with the court

“When legal roles like power of attorney and guardianship overlap, families often find themselves in unfamiliar and emotional territory,” said Campbell. “This is where a professional fiduciary can make all the difference, bringing clarity, objectivity, and stability to decisions that impact your loved one’s dignity and future. Every choice you make should be grounded in compassion, but backed by experience,” she explained.

Related Article: How Do You Choose a Fiduciary for the Elderly?

Now You Know the Answer to Does a Guardianship Override a Power of Attorney. Always Work with a Professional.

So, does a guardianship override a power of attorney in California? Yes, when the court steps in, the conservator or guardian’s authority generally overrides a previously granted POA. But every case is unique, and the best course of action depends on your loved one’s health, planning documents, and family dynamics. If you’re navigating this situation and feeling unsure, you’re not alone. In these emotionally charged circumstances, it is imperative to work with a professional.

A professional brings crucial experience, neutrality, and care to complex family matters to find a path forward that prioritizes peace of mind and the well-being of the person at the heart of it all.