Detailed Answer

Short answer: Yes — if you reasonably suspect your grandfather lacked capacity when the power of attorney (POA) was signed or when specific transfers were made, you can challenge those transfers in Pennsylvania. You may pursue civil remedies (ask a court to void transfers, recover funds, remove or surcharge the agent) and possibly trigger criminal investigation and adult protective services. Acting quickly and gathering evidence are essential.

How this works under Pennsylvania law

Pennsylvania recognizes durable powers of attorney and governs them in the state statutes. A POA is valid only if the principal (here, your grandfather) had the mental capacity required at the time the POA was executed. If the principal lacked capacity, the POA itself may be void and transfers made under it may be reversed as unauthorized or recovered as breaches of fiduciary duty. Financial institutions that accept a POA can be required to return funds if a court later finds the POA invalid or the agent abused authority.

Relevant Pennsylvania statutory resources (for the text of the law and definitions) are contained in the Pennsylvania Consolidated Statutes, Title 20 (Powers of Attorney and related provisions): 20 Pa.C.S. (Pennsylvania Consolidated Statutes, Title 20). For possible criminal remedies (theft, exploitation), see Pennsylvania’s criminal statutes in Title 18: 18 Pa.C.S. (Crimes Code). For information about guardianship and court procedures, the Pennsylvania Courts website is a helpful resource: Pennsylvania Courts.

Grounds to challenge POA transfers

• Lack of capacity when the POA was signed. To execute a valid POA, the principal generally must comprehend the nature and consequences of the document and the property or transactions it affects.
• Incapacity at the time of a specific transfer. Even if the POA was validly executed, if the principal lacked capacity at the time the agent made particular transfers (and the agent knew or should have known), you can challenge those transactions.
• Undue influence or coercion. If the agent or a third party pressured or manipulated the principal into signing the POA or into authorizing transfers, that may invalidate the POA or the transfers.
• Forgery or fraud. If signatures were forged or false documents produced, the transfers can be voided and criminal charges may follow.
• Agent exceeded authority or breached fiduciary duty. An agent must follow the POA and act in the principal’s best interest. Unauthorized transfers, self-dealing, or use of funds for the agent’s benefit can be reversed and the agent held liable.

What evidence helps your case

• Original POA and any later versions or revocations.
• Bank statements, wire records, check copies, property deeds showing the transfers you want to challenge.
• Medical records, physician notes, hospital records, cognitive test results, or nursing-home evaluations around the time the POA was signed and around the dates of the transfers.
• Affidavits from witnesses: people who witnessed the signing, family members, caregivers, or bank personnel who noticed unusual activity.
• Communications: emails, texts, letters that show coercion, instructions, or suspicious timing.

Typical legal steps you (or an attorney) would take in Pennsylvania

1. Preserve evidence immediately. Make copies of the POA, bank records, and any relevant documents. Avoid altering originals.
2. Contact the financial institution. If transfers are ongoing, request an immediate freeze or hold and ask the institution to preserve records. Banks may require a court order before reversing transfers.
3. Get medical records and a current medical evaluation. A recent cognitive evaluation (and contemporaneous records from the time of the POA or transfers) is often crucial to proving lack of capacity.
4. Consult a Pennsylvania attorney who handles elder law, probate, or fiduciary litigation. They can evaluate the evidence, explain options, and file the appropriate petitions in the court (for example, petitions to void transfers, to remove the agent, or to appoint a guardian/conservator if the principal is now incapacitated).
5. File a civil action. Common claims include: declaratory judgment that the POA or transfers are void; breach of fiduciary duty; conversion; and unjust enrichment. The court can order restitution, surcharge the agent (make them personally pay back misused funds), or void property transfers.
6. Report suspected crimes. If theft, fraud, or exploitation is suspected, you can report to local law enforcement or the district attorney. Pennsylvania’s criminal statutes address theft and related offenses (Title 18).
7. Contact Adult Protective Services (APS) or the county agency if you believe elder abuse or financial exploitation has occurred. Pennsylvania’s Department of Human Services provides resources for reporting and investigation: PA DHS — Adult Protective Services.

What a Pennsylvania court can order

Remedies commonly available include:

• Void or rescind transfers made without authority.
• Require the agent to restore funds or property (surcharge).
• Remove the agent and appoint a guardian or conservator if the principal is currently incapacitated.
• Impose civil damages and attorneys’ fees where appropriate; and refer the matter for criminal prosecution if laws were broken.

Practical considerations and timeline

Act quickly. Banks may release funds to the agent and third parties; recovering those funds can become harder over time. Medical records and witness memories fade. Even if a POA looks valid, a court can still set it aside if evidence shows a lack of capacity or undue influence.

Keep in mind the burden of proof in civil cases is the preponderance of the evidence — you must show it is more likely than not that incapacity, undue influence, or wrongdoing occurred.

When to call an attorney

If you believe transfers were improper, consult a Pennsylvania attorney experienced in elder law, probate litigation, or civil litigation as soon as possible. An attorney can assess whether you should file an emergency petition, request a temporary restraining order, or start a civil action to preserve assets and prevent further harm.

Disclaimer

This information is educational only and not legal advice. It does not create an attorney-client relationship. Laws change and details matter heavily in these cases. Consult a qualified Pennsylvania attorney about your specific situation before taking action.

Helpful Hints

• Gather documents now: the POA, bank statements, deeds, bills, and medical records. Digital copies are fine if originals are fragile.
• Write a clear timeline of events: dates of POA signing, dates of transfers, who was present, and any health episodes.
• Ask a doctor for a cognitive evaluation if your grandfather is still alive; contemporaneous medical documentation strengthens a capacity claim.
• Do not confront the agent alone if emotions run high. Let a lawyer or law enforcement make contact when appropriate.
• Check whether any transfers went to third parties; sometimes recovering funds from innocent recipients is possible through restitution or other civil claims.
• Report suspected criminal exploitation to law enforcement and county adult protective services — these agencies can investigate and coordinate protections.
• Ask potential attorneys about their experience with POA challenges, typical outcomes, costs, and whether they will seek interim relief to stop further transfers.

Next step: if you have documents and dates, bring them to a Pennsylvania attorney right away. Early action preserves evidence and increases the chance of stopping improper transfers and getting funds returned.