Detailed answer — what Nevada law allows and what you can do

Under Nevada law, a transfer made by someone acting under a power of attorney (POA) can be challenged if the principal (here, your grandfather) lacked the legal capacity to sign the POA or if the agent obtained the POA or made transfers by coercion, fraud, or undue influence. The state’s power-of-attorney framework and the guardianship/conservatorship system provide the main legal pathways to contest questionable transfers.

Key Nevada statutes relevant to POAs and capacity include the Nevada Power of Attorney Act (see NRS Chapter 162A) and the statutes governing guardianship and conservatorship (NRS Chapter 159). For the text of these statutes, see:
NRS Chapter 162A (Power of Attorney) and
NRS Chapter 159 (Guardianship/Conservatorship).

When a POA-based transfer can be challenged

• Lack of capacity at signing: To execute a valid power of attorney, the principal must have sufficient mental capacity to understand the nature and consequences of the document at the time they signed it. If your grandfather did not understand what he was signing because of dementia, medication effects, or another condition, that can be the basis for a challenge.
• Undue influence or fraud: If someone pushed, manipulated, or misled your grandfather into signing the POA or into authorizing transfers, you can challenge the transfers as the product of undue influence or fraud.
• Agent exceeded authority: Even a valid POA limits what an agent may do. If the agent acted outside the scope of authority (for example, making gifts the POA did not permit), those transfers can be challenged.

Who has to prove what

In civil litigation to set aside a POA or transfers, the person challenging the transfers (often a family member or beneficiary) generally bears the burden of proving incapacity, undue influence, or fraud. In Nevada civil cases that means proof by a preponderance of the evidence unless a different standard applies by statute or court rule.

Typical evidence used to challenge transfers

Successful challenges usually rely on a combination of documentary and testimonial evidence, including:

• Medical records and notes from treating physicians or neuropsychological testing showing cognitive impairment at the time the POA was signed.
• Contemporaneous statements by the principal (journals, recordings, emails, text messages) showing confusion or lack of understanding.
• Witness testimony from people present when the POA or transfers occurred (caregivers, neighbors, bank officers, the attorney or notary who prepared or notarized the POA).
• Records of the financial transfers (bank statements, wire confirmations, cancelled checks) that show suspicious timing, large gifts, or transfers to the agent.
• Evidence of the agent’s actions leading up to the POA (isolating the principal, controlling access, pushing rapid changes to financial arrangements).

Typical legal steps to challenge transfers in Nevada

1. Preserve evidence immediately: Get copies of the POA, bank statements, and any documents showing transfers. Ask the bank to freeze suspicious accounts or put a hold on withdrawals when possible.
2. Request medical records: Ask treating doctors and hospitals for records from around the time the POA was executed.
3. Seek court relief: File a lawsuit in the appropriate Nevada court to (a) declare the POA invalid, (b) rescind or undo specific transfers, (c) obtain an accounting from the agent, and/or (d) recover misappropriated assets. You may also seek temporary injunctive relief to freeze assets while the case proceeds.
4. Consider guardianship/conservatorship: If your grandfather currently lacks capacity and is making dangerous financial decisions, you can petition the court for conservatorship or guardianship under NRS Chapter 159 so a court-appointed conservator can manage his finances and protect assets. The conservatorship process can also help unwind improper transfers.
5. Criminal referral where appropriate: If the transfers look like theft, financial exploitation, or elder abuse, report the facts to law enforcement and adult protective services. Criminal investigations can run alongside civil actions and sometimes provide additional leverage.

Practical considerations and timing

Act quickly. Banks and other institutions often honor POAs and completed transfers, so waiting can make recovery harder. Many remedies require collecting evidence promptly (medical records, account data, witness recollections). Keep copies of everything and avoid confrontations that could harm the principal or destroy evidence.

How likely is success?

Success depends on the strength of the evidence showing incapacity or undue influence, the timing and size of transfers, and whether the agent complied with procedural requirements (proper signing, acknowledgement, and any statutory formalities). Cases with contemporaneous medical documentation of cognitive decline and clear signs of manipulation are more likely to succeed. Cases that rest on conflicting memories or long gaps in time can be harder.

Where to find Nevada law: For the statutory framework on powers of attorney and related procedures, consult NRS Chapter 162A: https://www.leg.state.nv.us/NRS/NRS-162A.html. For guardianship/conservatorship procedures and standards for incapacity, see NRS Chapter 159: https://www.leg.state.nv.us/NRS/NRS-159.html.

Important: This information explains common civil remedies and steps under Nevada law but does not substitute for individualized legal advice.

Helpful hints — practical checklist to get started

• Get the POA document and any related documents (amendments, notarizations, lawyer’s files).
• Make immediate copies of bank and transfer records for the period before and after the POA was signed.
• Request medical records from doctors, hospitals, and clinics for the time surrounding the POA execution.
• Identify and list potential witnesses: who was present when the POA was signed, who handled finances, and who noticed changes in behavior.
• Contact the bank promptly and ask whether they will freeze accounts or provide an account history; ask for any internal notes about unusual activity.
• Document suspicious facts: sudden changes in beneficiaries, large gifts from the principal to the agent, or isolation of the principal from family.
• Do not confront the alleged agent in a way that could jeopardize the principal’s safety or the evidence; consult an attorney first.
• Consider filing for temporary injunctive relief or emergency conservatorship if immediate harm or dissipation of assets is likely.
• Report suspected elder financial abuse to Adult Protective Services and local law enforcement if criminal conduct is suspected.
• Seek legal help promptly. A civil attorney experienced in elder law, probate, or fiduciary litigation can evaluate evidence, file the right pleadings, and advise on timing and strategy.

Final note / disclaimer: I am not a lawyer. This content is educational and informational only and does not constitute legal advice. For advice tailored to your specific situation, consult a licensed Nevada attorney who handles POA contests, elder financial exploitation, and conservatorship matters.