Short Answer

Yes. If you reasonably suspect your grandfather lacked the required mental capacity when he signed a power of attorney (POA) or when the agent used that POA to move money or property, you can challenge the transfers. Typical remedies include asking a court to void the POA or specific transfers, obtaining an accounting, freezing assets, or pursuing a guardianship/conservatorship and civil or criminal claims (for example, elder exploitation).

How Capacity and Validity of a Power of Attorney Work in Mississippi

A person who signs a POA (the principal) must generally understand the nature and effect of the document and the property or affairs it covers. If the principal lacked that understanding due to dementia, illness, medication, or other impairment, the POA can be challenged as invalid.

Mississippi law divides responsibilities among probate/ chancery courts, guardianship statutes, and criminal statutes addressing abuse or exploitation of vulnerable adults. You can find Mississippi statutes and search for sections on powers of attorney, guardianship, and elder protection on the Mississippi Legislature website: https://www.legislature.ms.gov/Pages/CodeListing.aspx?link=code.

Common Legal Routes to Challenge Transfers

1. Ask the court to declare the POA invalid.

   You can file a civil action asking the court to find that the principal lacked capacity when she or he signed the POA or when the agent acted. If the court finds lack of capacity or that the agent exceeded authority, the court can void the POA or undo specific transfers.

2. Seek a guardianship or conservatorship.

   Filing for a guardian (sometimes called conservator) for the person can provide a court-supervised representative to manage the principal’s finances and can stop further transfers. Guardianship petitions are filed in the appropriate Mississippi court; search the state code and local court rules for procedure: Mississippi Code.

3. Request injunctive relief or asset freezes.

   You may be able to ask the court for a temporary restraining order or preliminary injunction to prevent the agent from moving more assets while the dispute proceeds.

4. Demand an accounting and restitution.

   The agent has fiduciary duties. If the agent breached those duties, you can request a full accounting and damages (return of assets or money). Courts can order repayment and remove the agent.

5. Report possible criminal conduct.

   If you suspect theft, fraud, or elder exploitation, report it to local law enforcement and Mississippi Adult Protective Services (APS): https://www.mdhs.ms.gov/adult-protective-services/. Prosecutors can sometimes pursue criminal charges that parallel civil claims.

Evidence You Will Need

Challenging a POA or transfers is fact-driven. Useful evidence includes:

• Copies of the POA and any related documents or amendments.
• Medical records and physician statements showing cognitive impairment at the time the POA was signed or transfers occurred.
• Contemporaneous notes, emails, or testimony from witnesses present when the POA was signed.
• Bank records, title records, or other documents showing transfers, withdrawals, or changes to ownership.
• Communications between the agent and financial institutions or third parties.
• Evidence of undue influence: isolation of the principal, pressure or manipulation by the agent, sudden changes to financial arrangements, or benefit to the agent.

Standards of Proof and Timing

Court standards vary by claim and remedy. Courts commonly require clear and convincing evidence to overturn a signed POA for lack of capacity. Timing matters: act promptly. Delays can make it harder to stop transfers or to gather fresh records and witness recollections.

Practical First Steps (What You Can Do Now)

1. Preserve documents: get copies of the POA, bank statements, deeds, and any communications about transfers.
2. Get medical records: request the principal’s medical records from the relevant period. These can show diagnoses or notes about capacity.
3. Contact the financial institutions: notify banks and title companies that the POA’s validity is disputed. Ask them to preserve relevant records and to place holds if appropriate.
4. Report concerns: contact Mississippi Adult Protective Services (MDHS APS) and local law enforcement if you suspect exploitation.
5. Talk to an attorney: find a Mississippi probate/elder law or litigation attorney to evaluate the case and, if needed, file immediate motions to freeze assets or seek a guardianship.

Who Decides and Where to File

The appropriate court depends on the remedy you seek. Mississippi chancery or county probate courts commonly address guardianship and many disputes over estate and fiduciary matters. A civil court (chancery or circuit, depending on the relief) can hear declaratory judgment actions to cancel or clarify a POA and orders for accounting or restitution. Local court rules and filings differ, so consult a Mississippi attorney or the court clerk’s office for precise filing steps. You can search Mississippi statutes and court information here: Mississippi Code.

When to Hire an Attorney

Hire a lawyer if you need to:

• File for emergency relief to stop dissipation of assets.
• File a guardianship petition.
• Pursue a civil claim to void transfers or recover assets.
• Coordinate civil and criminal reports.

Look for attorneys with experience in elder law, probate litigation, guardianship, or civil fraud in Mississippi. If cost is a concern, ask about free consultations, legal aid organizations, or local bar referral services.

Helpful Hints

• Act quickly. Evidence and the court’s ability to freeze assets are time-sensitive.
• Keep calm and do not confront the agent in a way that risks escalation or loss of access to the principal.
• Document everything: dates, conversations, people present, and what was said or signed.
• Medical records are often the most persuasive evidence of lack of capacity.
• Financial institutions sometimes require a court order before reversing transfers—expect litigation in many cases.
• Reporting to Adult Protective Services and law enforcement can prompt investigation and temporary protective measures.
• Don’t assume a POA is automatically durable or irrevocable; the document’s language and state law control the POA’s scope and permanence.