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.

Related Articles:

Should My Daughters Use an On-Line Program Such as LegalZoom for their Estate Planning?

Should You Hire an Attorney or Do It Yourself?

3 Steps to Take to Protect Estate Plan from Challenge

Does Being an Agent under a Power of Attorney Mean You’re Taking on Financial Responsibility?

How Do I Use My Mother’s Durable Power of Attorney?