If you are power of attorney, can you sign an acknowledgement of paternity form for that person?

Asked over 1 year ago - Dallas, PA

My fiance is in jail, we are about to have a baby girl and he wants to be on the birth certificate. He told me to sign the acknowledgment of paternity form for him. Is this ok? I am his power of attorney.

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Powers of attorney come in an infinite variety. Even "general" powers of attorney that pretend to cover everything, do not. In addition to the limitations resulting from the language of the power of attorney, most states have statutes that define certain acts that are not included unless expressly covered in the power. Acknowledging paternity is an unusual act for an agent to perform, and when done by the other parent to the child, whose interest in the subject or more than just theoretically adverse, the act itself is suspicious. A much better strategy would be for him to sign the form in jail or with the assistance of his own attorney.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. George Costas Andriotis

    Contributor Level 20

    Answered . Impossible to say without reading the POA and even so you're better of getting him to sign the document if at all possible which it sounds like it is.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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