Can a Power of Attorney Be Challenged or Overturned?

A power of attorney hands someone real authority over another person’s life: their finances, their health decisions, sometimes both. Most of the time, that trust is well placed. But when it isn’t, it’s important to know that challenging a power of attorney is possible, and the law does provide options.

There are a number of grounds on which you can challenge a power of attorney in Queensland, including mental incapacity, undue influence, fraud, or an attorney acting outside their authority. If something feels wrong, getting advice early gives you the clearest picture of where you stand.

Quick Introduction

• You can challenge a power of attorney on grounds like mental incapacity, undue influence, fraud, or improper execution.
• Even a validly made POA can be challenged if the attorney is acting outside their authority or against the principal’s best interests.
• QCAT handles most POA disputes in Queensland and has the power to remove attorneys, restrict powers, or overturn a power of attorney entirely.
• The sooner you get advice, the more options you’re likely to have.

When Can You Challenge a Power of Attorney?

There are several grounds on which a power of attorney can be challenged in Queensland.

• Lack of mental capacity. The principal must have understood what they were signing at the time. If they were experiencing dementia, serious illness, or cognitive decline when the document was executed, its validity can be challenged.
• Undue influence or coercion. If someone pressured or manipulated the principal into signing, particularly a carer or family member with significant control over their daily life, that’s grounds for challenge.
• Fraud or forgery. A document obtained through deception, or one that has been falsified, has no legal standing.
• Improper execution. In Queensland, a power of attorney must meet specific requirements under the Powers of Attorney Act 1998 (QLD). If it wasn’t signed or witnessed correctly, it may be invalid regardless of what it says.
• The attorney acting outside their authority. Even a valid POA has limits. If the attorney is making decisions the document doesn’t actually authorise, that can be challenged too.

Who Can Challenge a Power of Attorney?

Not everyone can overturn the power of attorney, but those who typically do include:

• The principal themselves, provided they still have capacity
• Close family members with genuine concerns about the principal’s welfare
• Beneficiaries of the principal’s estate who believe mismanagement is occurring
• The Public Guardian or Public Trustee, in cases involving vulnerable adults

If you’re unsure whether you have grounds for challenging a power of attorney, that’s exactly the kind of question a lawyer can help you answer quickly.

What Does Overturning a Power of Attorney Actually Look Like?

In Queensland, most disputes involving powers of attorney go through the Queensland Civil and Administrative Tribunal (QCAT).

QCAT can declare a POA invalid, remove or replace an attorney, give directions about how an attorney must act, or appoint a guardian or administrator where needed.

It’s not always a formal fight. Many matters are resolved through negotiation before they reach a hearing, similar to how will disputes are often settled without going to court.

What if the Attorney is Misusing their Power?

This is one of the harder situations to deal with, because it often involves family. But an attorney has clear legal obligations; they must act honestly, in the principal’s best interests, and within the scope authorised by the document. If they’re not doing that, they can be held accountable.

The longer this kind of situation goes on, the more complicated it becomes, particularly if financial decisions have already been made that are difficult to reverse.

What Can You Do If You’re Concerned?

Start by gathering what you can: a copy of the POA document, any financial records, correspondence, and notes about the principal’s health or circumstances when the document was signed. Then get advice early.

Our power of attorney lawyers in Cairns can review your situation and give you an honest assessment of whether you have grounds to act, and what the most sensible path forward looks like.

If your concerns also touch on what happens to an estate after someone passes, our will dispute lawyers handle those matters with the same approach.

This article is general information only and does not constitute legal advice. Please contact our office for advice specific to your circumstances.