Can you challenge transfers made under a power of attorney if you suspect your grandfather lacked capacity?

Short answer: Yes — under Washington law you can challenge transfers made by an agent under a power of attorney (POA) if you have a good-faith belief the principal lacked capacity, the POA was invalid, the agent exceeded authority, or the agent committed fraud or undue influence. You will usually pursue relief in superior court and may also report suspected financial abuse to Adult Protective Services or law enforcement.

Disclaimer: This is educational information, not legal advice. Consult a licensed Washington attorney about your specific case.

How Washington law treats powers of attorney

Washington has adopted a modern power-of-attorney framework (see chapter RCW 11.125). That law governs how POAs are created, what authority an agent has, and the agent’s duties. You can read the statute here: RCW Chapter 11.125 (Power of Attorney).

Grounds for challenging transfers made under a POA

Common legal grounds for challenging transfers include:

• Lack of capacity when the POA was signed — a valid POA requires the principal have the mental capacity to understand the nature and effect of the document at the time of signing. If the principal lacked that capacity, the POA can be void or voidable.
• Lack of capacity at the time of the specific transfer — even with a valid POA, some courts scrutinize whether the principal retained sufficient capacity regarding particular transactions or whether the agent’s actions were consistent with the principal’s needs and instructions.
• Undue influence or fraud — if the agent coerced the principal, misrepresented facts, or otherwise manipulated the principal into authorizing transfers, the transfers can be set aside.
• Agent breached fiduciary duties or acted outside authority — agents must act in the principal’s best interest and only within powers granted by the POA. Self-dealing, excessive gifts, or transfers that clearly harm the principal may be challengeable.
• Invalid execution formalities — if the POA did not meet Washington’s witnessing or notarization requirements, it may be invalid (see RCW 11.125).

Typical remedies and court actions

If you suspect wrongful transfers, Washington law provides several possible remedies:

• Petition for an accounting and to set aside transfers — file in superior court asking for an accounting by the agent and to reverse unauthorized or fraudulent transfers.
• Request a temporary restraining order (TRO) — to freeze remaining assets while the court sorts out the dispute.
• Pursue claims for breach of fiduciary duty, conversion, unjust enrichment, or constructive trust — civil claims that ask the court to return or recover funds.
• Seek guardianship or conservatorship — if the principal currently lacks capacity and needs a court-appointed guardian to protect assets and welfare.
• Report to Adult Protective Services or law enforcement — suspected financial exploitation can be reported to Washington’s Adult Protective Services: RCW Chapter 74.34 and to local authorities.

What evidence helps a challenge succeed

Courts weigh evidence. Useful evidence includes:

• Copies of the POA and any amendments.
• Medical records and doctors’ statements about the principal’s mental state around the POA signing and at the time of transfers.
• Witness statements, notary affidavits, or testimony from people present at signing.
• Bank records showing timing, amounts, and recipients of transfers.
• Communications (emails, texts, letters) that show coercion, deception, or the agent’s intent.
• Expert testimony on capacity and common signs of undue influence.

Practical steps to take right away

1. Get and preserve documents: obtain the POA (original if possible), copies of bank statements, cancelled checks, and transaction histories.
2. Collect medical records: request the principal’s medical records covering the signing date and the dates of transfers.
3. Limit further transfers: contact the bank and explain concerns—banks sometimes flag suspicious transactions or freeze accounts when presented with a court order or pending litigation.
4. Document concerns: write down timelines, who was involved, what was said, and any witnesses.
5. Report suspected financial exploitation: call Adult Protective Services and local law enforcement if you suspect a crime or imminent harm.
6. Consult a Washington attorney experienced in elder law, probate, or civil litigation as soon as possible. The Washington State Bar Association can help you find counsel: WSBA: Find Legal Help.

Timing and urgency

Act quickly. Assets may be dissipated, witnesses’ memories fade, and banks may be unable to recover transferred funds unless you move fast. Although specific time limits (statutes of limitation) vary by cause of action, immediate steps to collect evidence and seek temporary court relief are critical.

What to expect in court

Cases can resolve in several ways: negotiated settlements where funds are returned and the agent resigns; court orders requiring an accounting and restitution; or full trials if parties contest capacity and intent. Courts evaluate medical proof, witness credibility, and whether the agent acted in the principal’s best interest.

When to involve criminal authorities

If you have evidence of theft, forged documents, or other crimes, report to police and prosecutors. Criminal cases can run in parallel with civil proceedings and may produce arrests, restitution orders, or forensic accounting that supports civil claims.

Helpful hints

• Keep calm and act promptly: early evidence preservation is vital.
• Do not attempt to coerce the agent or the principal; use legal channels to seek relief.
• Photograph and copy original documents before delivering them to others.
• Ask banks for transaction histories with timestamps and for copies of any forms signed when funds moved.
• If possible, get a medical release from the principal so you can obtain records easily—if the principal lacks capacity, a court order may be required.
• Expect costs: litigation and forensic accounting can be expensive. Ask potential attorneys about fee structures, contingency options, and alternatives like mediation.

Where to get help in Washington

• RCW Chapter 11.125 (Power of Attorney): https://app.leg.wa.gov/rcw/default.aspx?cite=11.125
• Adult Protective Services (statute): https://app.leg.wa.gov/rcw/default.aspx?cite=74.34
• Washington State Bar Association — find a lawyer: https://www.wsba.org/for-the-public/find-legal-help
• Washington Courts: general information and forms: https://www.courts.wa.gov

Challenging transfers made under a POA can be legally complex and fact-specific. An attorney can evaluate medical evidence, review the POA document, and advise the fastest route to protect assets and seek recovery.

Final note: This article explains general Washington law and common practice. It is not legal advice. For guidance tailored to your situation, consult a licensed Washington attorney promptly.