Legal Question in Elder Law in Georgia

Although your father has dementia, if he was competent at the time of transfer of home, the conveyance could be construed as a gift. If that's the case, then notwithstanding the power of attorney and a Will, a gift during life when an individual is "competent" and free from fraud or undue influence when the gift is made is not actionable. However, if the effects of dementia at the time of transfer made your father incapable of understanding or appreciating the consequences of the transfer then the taking of his property, even if by his son, could be actionable both criminally and civily. I would urge whomsoever is your father's legal representative to contact the Georgia Division of Aging Services Adult Protective Services Unit and speak with a caseworker. I would also recommend the legal representative also contact an attorney who is versed in elder law, financial abuse and neglect, and adult incapacity.