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I recently submitted on line a Power of Attorney and mistakenly left out and ‘s’
in one of my daughters last names. Is it necessary to redo the form, or upon my
inability to care for myself, can she show I.D. as proof.
Asked on May 2, 2016 under Estate Planning, Tennessee
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would be a good idea to redo the form, to eliminate one possible source of confusion or reluctance on the part of others to rely on the POA, but strictly speaking, you are not legally required to redo a POA due to a typo, so long as it is clear whom the attorney-in-fact (person given the power; your daughter) is. So if the POA has a name very close to hers and states "my daughter" or something like that, it will not be invalidated by a typo: her identify is clear. That said, the last thing you want if she has to exercise the power is for her to have the added stress of some overly cautious person or entity looking for a reason to not honor the POA--it would be better to redo it so that it is 100% right.
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