Who Can Override A Power Of Attorney?

In South Africa, a power of attorney can be overridden by the principal (the person who granted it) at any time while they retain mental capacity, by the Master of the High Court on complaint where the agent is acting improperly or beyond their mandate, and by the High Court on application by any interested party where the agent is unfit, has misappropriated funds, or is otherwise failing in their fiduciary duty. The framework is governed by common law for ordinary POAs, the National Health Act 61 of 2003 for healthcare decisions, and the Mental Health Care Act 17 of 2002 for matters touching mental capacity — and it differs materially from the US “durable POA” and UK “lasting POA” regimes that dominate most of the online coverage on this topic.

What a Power of Attorney Actually Is in South African Law

A power of attorney is a written authorisation by one person (the principal or donor) granting another (the agent or attorney-in-fact) authority to act on the principal’s behalf in specified matters. South African law recognises two main forms:

• Ordinary power of attorney — terminates automatically the moment the principal loses mental capacity, even mid-transaction. It is suitable for short-term, specific matters (selling a property while abroad, signing documents at SARS, handling a single banking matter).
• Enduring power of attorney — continues in force if the principal becomes mentally incapacitated, provided it was validly signed while the principal still had capacity and complies with the formalities required for the document type.

For property and financial matters, the agent’s signature binds the principal provided they act within the authority granted. For health-care decisions, the picture is different: an ordinary POA is overridden by a properly executed advance directive or living will made under the National Health Act 61 of 2003, which governs patient consent and end-of-life care.

Who Can Override a Power of Attorney — and When

Override authority in South Africa sits with four bodies, each acting in different circumstances. Anyone weighing their options should start by identifying which of these fits their situation:

Authority	What they can override	When
The principal (donor)	Any POA, in whole or in part	At any time while mentally capable, by executing a written revocation and notifying the agent and any third parties who have been relying on the POA
The Master of the High Court	Improper or excessive use of a POA by an agent handling finances or property	On written complaint by an interested party; the Master can require the agent to account, suspend the POA, and refer the matter to the High Court
The High Court	A POA entirely, or replace an agent with a curator	On application by any interested party (family member, nominee, creditor) where the agent is acting beyond their mandate, in conflict of interest, or where the principal is being financially exploited
A court-appointed curator	An enduring POA where the principal’s mental capacity is disputed	Once formally appointed under the Mental Health Care Act framework, the curator’s authority supersedes the agent’s for the matters in scope

Revocation by the Principal — the Simplest Override

The principal may revoke a power of attorney at any time while mentally capable, regardless of any contrary clause in the document itself. Revocation must be communicated in writing to the agent and to any third parties who have been relying on the POA — banks, the Master’s Office, healthcare providers, SARS, and the Deeds Office, depending on what the POA was used for.

Once notified, third parties who continue to deal with the agent may be exposing themselves to liability for acting on a revoked authority. This is why banks and the Master’s Office typically insist on sight of an original revocation letter before they will stop accepting the agent’s instructions.

Burger Huyser Attorneys’ Wills & Estates practice drafts enduring powers of attorney and attends to revocations when principals need to formally bring an agent’s authority to an end.

The Master’s Office — the First Stop for Financial Misconduct

The Master of the High Court has statutory oversight over agents appointed to administer property under POAs (and over executors, curators, and trustees) under the framework of the Administration of Estates Act 66 of 1965. The Department of Justice and Constitutional Development publishes the procedural requirements for these appointments, including the standard forms (J243 preliminary inventory, J262 undertaking and bond of security, and J197 application for appointment).

Any interested party can lodge a written complaint with the Master’s Office in the relevant jurisdiction — the office nearest to where the principal resides or where the assets are situated. Once a complaint is lodged, the Master can:

• Require the agent to lodge a full account of their administration
• Freeze or suspend the POA pending the outcome of an investigation
• Report the matter to the High Court for the appointment of a curator or for damages

This is the route most families use first because it does not require a full court application. The Master’s Office has the administrative muscle to compel accounting, and curators and administrators must lodge yearly accounts with the Master, who scrutinises income, expenses, and capital assets and adjusts security accordingly.

High Court Intervention — the Strongest Override

Where the Master’s Office cannot resolve the matter, or where the urgency justifies it, an interested party can apply to the High Court for an order suspending the POA, removing the agent, and appointing a curator. Common grounds include:

• Financial exploitation of the principal by the agent
• Conflict of interest (the agent is also a beneficiary or creditor of the principal)
• The agent acting beyond the mandate granted in the POA
• The agent becoming incapacitated, absent, or otherwise unable to perform
• The principal’s interests otherwise requiring protection

The court will weigh the principal’s autonomy, the agent’s conduct, and the risk of harm to the principal’s person or estate. Where the POA itself is found invalid — for example, because it was signed when the principal already lacked capacity, or because the formalities required for an enduring POA were not observed — the court can declare it void from the start.

High Court applications of this nature are typically brought on notice to the agent and any other interested parties (other family members, co-attorneys named in the POA, the Master). On an urgent basis, an interim interdict can be obtained to freeze the agent’s transactions pending the hearing. Burger Huyser Attorneys acts in these applications across its Gauteng branches and appears in the High Court where court intervention is required.

The Mental Capacity Layer — Where Duration and Override Clash

Mental capacity is the fault line that determines which override path applies. An ordinary POA terminates automatically when the principal loses mental capacity — at that point, the agent’s authority ends. An enduring POA continues in force, but only if it was drafted and signed while the principal had capacity and only if it complies with the formalities required for the document type.

Where mental capacity is in dispute, the only way to override the agent’s authority is to have a curator formally appointed. Under the Mental Health Care Act 17 of 2002, the Master may appoint an administrator for persons diagnosed with mental illness or severe/profound intellectual disability to manage their property. At common law, a curator bonis is appointed by the High Court under Rule 57 of the Uniform Rules of Court once a person is declared unable to manage their own affairs.

Healthcare POAs sit alongside this framework under the National Health Act 61 of 2003. Section 7 of the Act requires informed consent for health services, and a properly executed advance directive or living will can override an agent’s healthcare decisions in the matters it covers — particularly end-of-life treatment, life-support, and refusal of further intervention.

Limits on the Agent’s Own Authority

An agent’s authority is not unbounded, and several hard limits sit on top of whatever the POA itself says. An agent must:

• Act within the scope of the POA — any act beyond the mandate is void and binds the agent personally
• Act in good faith, with due care, and in the principal’s interests, not their own
• Avoid delegating the POA without express permission to do so
• Refrain from making a will on the principal’s behalf

With limited exceptions, the agent cannot deal with matters that are strictly personal — marriage, voting, adoption — unless the POA explicitly authorises it. Acts taken outside the mandate do not bind the principal, and the agent becomes personally liable to anyone who suffers loss as a result.

Practical Steps if You Need to Override a Power of Attorney

The right route depends on who you are and what is happening:

1. If you are the principal: execute a written revocation, deliver it to the agent and any institution that has relied on the POA, and confirm in writing that the authority has ended.
2. If you are a family member and the agent is misusing the POA: lodge a detailed complaint with the relevant Master’s Office requesting an audit of the agent’s administration.
3. If the matter is urgent or the Master’s Office is not responsive: approach the High Court on an urgent basis for an interdict or for the appointment of a curator.
4. Where the principal’s mental capacity is the issue: the Master’s Office and the High Court will work together to appoint a curator, and the agent’s authority will be suspended or replaced.

Frequently Asked Questions

Can I override a power of attorney that I myself signed?

Yes — as long as you still have mental capacity, you can revoke a power of attorney at any time, in whole or in part, by writing a revocation document and giving it to the agent and to any third parties who have been relying on the POA. Once you lose capacity, only the court or the Master can override the agent.

Can a family member override a power of attorney?

Not directly. A family member can lodge a complaint with the Master of the High Court or apply to the High Court for the agent to be suspended or replaced, but the family member does not have unilateral authority to override the POA themselves.

Does a power of attorney end when the principal becomes mentally incapacitated?

An ordinary POA does end on incapacity. An enduring POA continues, but only if it was signed while the principal had capacity and meets the formalities. In either case, the High Court can appoint a curator whose authority supersedes the agent’s.

Can the Master of the High Court cancel a power of attorney?

The Master can suspend a POA and require the agent to account, and can refer the matter to the High Court. The High Court itself is the only body that can fully cancel a POA or remove an agent.

What happens if the agent is mishandling the principal’s money?

Lodge a written complaint with the Master’s Office in the relevant jurisdiction (where the principal lives or where the assets are). The Master can call for a full accounting, suspend the POA, and report the matter to the High Court for the appointment of a curator and the recovery of any losses.

Can a power of attorney be used to override a living will?

No — an advance directive or living will under the National Health Act 61 of 2003 governs healthcare decisions, and a properly executed advance directive overrides an agent’s healthcare decisions in the matters it covers.

A power of attorney can be a powerful tool — and it can also create disputes when the agent’s authority is exceeded, the principal’s capacity changes, or family members suspect misconduct. Burger Huyser Attorneys’ Wills & Estates practice advises principals, agents, and concerned family members on the validity, scope, and termination of powers of attorney, and appears in the High Court where court intervention is required. The firm drafts enduring powers of attorney, attends to revocation and Master’s Office complaints, and acts in curator applications where mental capacity is in issue. Get in touch with the nearest branch — Randburg (Linden, 011 888 0246), Centurion (012 644 4990), Pretoria (Menlyn, 012 471 5700), Sandton (011 253 3080), Bedfordview (011 201 7190), Alberton (011 439 3990), Roodepoort (011 668 0030), or Midrand (010 022 4082) — to talk through your situation.