Short answer: Yes. Under Kansas law you can challenge transfers made under a power of attorney (POA) if you have credible reasons to believe the principal (in this case, your grandfather) lacked mental capacity when the POA was signed, or if the agent used undue influence, fraud, or exceeded their authority. The usual remedies include asking a court to void the POA or specific transfers, recovering assets, and seeking appointment of a guardian or conservator.

Detailed answer — how a Kansas court looks at capacity and POA transfers

This section explains the legal standards, common proof, and typical steps you can take under Kansas law. This is educational information only—not legal advice.

1. Legal standards for capacity to sign a power of attorney

Kansas applies a basic capacity standard for executing a POA: the principal must understand the nature and consequences of the document and the nature and approximate value of their property. If the principal did not understand what they were signing or could not reasonably appreciate the effects of giving an agent authority over their finances, the POA can be invalidated.

Kansas has adopted a statutory power-of-attorney framework. Relevant provisions and guidance for powers of attorney are found in the Kansas statutes (see the statutes concerning powers of attorney at the Kansas Revisor’s site: https://www.ksrevisor.org/statutes/chapters/ch58/). For court procedures on guardianship, conservatorship, and related probate matters, see Chapter 59 of the Kansas statutes: https://www.ksrevisor.org/statutes/chapters/ch59/.

2. Common legal grounds to challenge transfers

• Lack of capacity when POA was executed: If your grandfather was confused, delusional, severely cognitively impaired, or otherwise lacked the ability to understand the nature and consequences of signing the POA, a court may find the POA void.
• Undue influence: If the agent pressured, manipulated, or isolated the principal to obtain the POA or to cause specific transfers, that can invalidate the POA or individual transactions.
• Fraud or forgery: If the signature was forged, or material facts were misrepresented to induce the principal to sign, the POA and the transfers can be voided.
• Agent exceeded authority or breached fiduciary duty: Even if the POA itself was valid, an agent must act within the authority granted and in the principal’s best interests. Self-dealing, transferring assets for the agent’s benefit, or other breaches can lead to civil liability and reversal of transfers.

3. Types of relief a Kansas court can provide

• Void or rescind the POA or particular transfers.
• Require the agent to return assets or pay damages for losses caused by breach of fiduciary duty.
• Freeze accounts or issue temporary restraints while the court decides the case.
• Appoint a guardian or conservator if the principal is currently incapacitated and needs protection (see guardianship procedures at https://www.ksrevisor.org/statutes/chapters/ch59/).

4. Evidence that helps prove lack of capacity or wrongdoing

Courts weigh all relevant evidence. Useful documents and proof include:

• Medical records, cognitive test results, physician or treating clinician statements near the time the POA was signed.
• Testimony from family members, caregivers, or others who observed the principal’s condition at the time of signing.
• Contemporaneous notes, emails, or recordings that show confusion, memory loss, or undue influence.
• Handwriting analysis if forgery is suspected.
• Financial records showing unusual transfers, rapid depletion, or payments inconsistent with prior patterns.

5. Typical procedural steps in Kansas

1. Act quickly to preserve evidence. Financial institutions may freeze accounts if you present a credible claim. Obtain copies of bank records and the executed POA.
2. Contact an attorney experienced with elder law, probate, or fiduciary litigation. They will advise whether to file a civil action to void transactions, petition for temporary relief, or seek guardianship/conservatorship.
3. File a petition with the probate court. You may petition the court to determine validity of the POA, set aside transfers, and appoint a guardian if the principal lacks current capacity.
4. Request temporary emergency orders. If assets are in imminent danger, ask the court for a temporary restraining order, asset freeze, or appointment of a temporary conservator.
5. Proceed to trial or settlement. The judge will review evidence; if the POA is invalid or the agent breached their duties, the court can order remedies described above.

6. Criminal consequences

In addition to civil remedies, if a third party committed theft, fraud, or exploitation of an elder, law enforcement may pursue criminal charges. Kansas law prohibits exploitation and financial abuse of vulnerable adults; report suspected crimes to local law enforcement or adult protective services.

Helpful Hints

• Start collecting evidence immediately: bank statements, the original POA document, medical records, and contact information for witnesses.
• Do not confront the suspected agent alone if confrontation could cause harm or prompt destruction of evidence.
• Ask banks and institutions to preserve records and to place holds if you can show immediate risk.
• Consider a medical evaluation that documents cognitive status near the time of the POA signing (retrospective medical opinions can be persuasive).
• If you believe the POA is a forgery, obtain a handwriting analysis and notify law enforcement.
• Keep a written timeline of events, phone calls, and suspicious transactions—courts value clear chronological records.
• Timing matters: challenging transactions sooner makes it easier to trace funds and preserve evidence.
• Explore both civil and criminal remedies. Civil suits can return assets; criminal prosecutions may deter future abuse.