What If the Name on the Durable Power of Attorney is Misspelled?

 In Durable Powers of Attorney

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?

Photo by Kelly Sikkema on Unsplash

 

 

 

 

 

 

 

 

 

 

 

 

 

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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