Question:
My wife’s dad named her as his representative on his durable power of attorney, but her name is misspelled “Ann” and it should be spelled “Anne.” Does this make it invalid?
Answer:
No. That’s what’s sometimes called a “scrivener’s error.” The person preparing the document made a minor mistake, but that does not change your father-in-law’s intent to name your wife as his agent under the durable power of attorney. It’s not as if he has another daughter named Ann. That’s the legal answer. As a practical matter, if your father-in-law is still competent, it might make sense to update and correct the durable power of attorney. You never know what some officious bank manager might object to.
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