Detailed Answer — How this works in New Hampshire

This answer explains what you can do in New Hampshire if you believe your grandfather lacked the mental capacity when someone used a power of attorney (POA) to transfer his money or property.

Under basic New Hampshire law principles, a power of attorney is only valid if the principal (here, your grandfather) had the necessary legal capacity when he signed the POA and when specific transactions occurred. If the principal lacked capacity, or if the agent used the POA because of fraud, undue influence, or for the agents own improper benefit, transfers made under that POA can often be reversed or challenged in court.

Common legal grounds to challenge a transfer

• Lack of capacity: The principal did not understand the nature or effect of signing the POA or did not understand the nature of the transactions the agent completed.
• Undue influence: Someone pressured or manipulated the principal into signing the POA or into making transfers.
• Fraud or forgery: The POA or signature was procured by lies, or the signature was forged.
• Agent exceeded authority: The agent acted beyond the powers granted by the POA or used funds for personal benefit contrary to the principals interests.
• Improper execution: The POA may be invalid if it does not meet the formal signing, witnessing, or notarization requirements required by New Hampshire law or the document itself.

What remedies are typically available

If a court finds a problem, available remedies can include:

• Declaring the POA (or specific transactions) void or voidable;
• Ordering repayment or restitution of misused funds;
• Requiring an accounting by the agent of all transactions;
• Removing or barring the agent from acting further; and
• Issuing temporary orders to freeze assets or stop further transfers while the case is pending.

Where you file and who handles these matters in New Hampshire

Challenges involving capacity, undue influence, and misuse of a POA are typically handled through the state court system. New Hampshires probate or circuit court divisions manage many elder-law and fiduciary disputes. For general information about probate matters and petitions, see the New Hampshire Judicial Branch probate information: NH Judicial Branch  Probate Division. For general New Hampshire statutes and legal text, consult the RSA online: New Hampshire Revised Statutes Annotated (RSA) index.

Standard of proof

Courts require evidence. The exact standard depends on the claim (for example, proving forgery vs. showing undue influence). Practical proof often includes medical records, testimony from treating physicians, witnesses to the signing, bank records, and documentary evidence of suspicious transfers.

Timing and urgency

Act quickly. Banks and other institutions may not freeze accounts without a court order. Delay can allow the agent to move assets out of reach. If you believe immediate harm is occurring, you may seek an emergency order from the court to preserve assets while you pursue a full remedy.

Criminal side and reporting abuse

If you suspect theft, fraud, or financial exploitation, you can report it to law enforcement and to Adult Protective Services. New Hampshire Adult Protective Services provides resources for suspected elder abuse: NH DHHS  Adult Protective Services. Criminal charges and civil remedies can proceed at the same time.

Do you need a lawyer?

Yes, in almost all cases where significant transfers occurred. A lawyer can help collect evidence, file the correct petition, request emergency relief, coordinate with law enforcement and banks, and, if necessary, litigate in court. If cost is a concern, look for legal aid organizations, elder-law clinics, or local bar association referral services.

Practical steps to take now (what to do first)

1. Preserve evidence: Safeguard original documents, copies of the POA, bank statements, titles, and correspondence.
2. Document concerns: Write a clear timeline of the transfers, who signed or witnessed, and why you suspect incapacity or undue influence.
3. Get medical records: Request your grandfathers medical records from his treating providers covering the period around the POA signing and the transfers.
4. Contact the bank or institution: Explain your concerns and ask them to freeze transactions or preserve records. Ask if they will accept a temporary hold or a subpoena from a court.
5. Seek a legal consultation: Talk with an attorney experienced in elder law, probate, or fiduciary litigation about next steps and emergency motions.
6. Report suspected abuse: If you believe your grandfather is being exploited right now, contact local law enforcement and adult protective services.

Helpful Hints

• Try to identify exactly when the POA was signed and whether it was notarized or witnessed.
• Look for a “durable” POA clause. A durable POA remains effective after incapacity only if the document was properly executed to be durable.
• Collect witness names: People who saw your grandfather at signing or who can speak to his mental state are powerful witnesses.
• Keep a careful written timeline of transactions: dates, amounts, recipients, and the reasons the agent gave.
• Ask about an accounting: Even before litigation, you can ask the agent to provide a written accounting of banks, transactions, and receipts.
• Act quickly but calmly: Hasty confrontation can escalate family disputes; let an attorney and the courts handle remedies.

Where to learn more in New Hampshire

• NH Judicial Branch (probate information): https://www.courts.state.nh.us/circuit/probate/
• New Hampshire Revised Statutes (general access to laws): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
• NH Department of Health and Human Services  Adult Protective Services: https://www.dhhs.nh.gov/programs-services/adult-protective-services