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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My 84-year-old father is in a nursing home facility. His 70+

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My 84-year-old father is in a nursing home facility. His 70+ year-old sister somehow got him to sign a durable power of attorney, although he does not read very well. She never liked my mother, who is now deceased, and she is telling family that I am not my father's child. I suspect that she is after a few insurance policies and whatever else she thinks that my father may have.

All three of us live in different states, and I plan on coming to his retirement residence to get a DNA test for paternity performed. My father has agreed to this to shut the gossip-mongering down. I asked his physician for permission to do it when I was there for a few days last week, but he says that my aunt has power of attorney and that my father suffers from slight dementia.

Can I still get this done? I plan on coming there with a aabb approved DNA business that performs mobile paternity tests, in which they will swab the insides of our mouths.

Thank you for your question. Please permit me to assist you with your concerns.


A POA is not the same as conservatorship. A "Power of Attorney" is akin to someone being hired to be another's general manager, but that other person remains in control, with the general manager remaining subservient to him. In that sense so long as your father has a 'moment of lucidity' and can legally consent and make his wishes know, a POA holder cannot overturn him. So long as your father within his faculties and knows what he is consenting to, this can still be lawfully performed.


Good luck.

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