Q: Limited power of attorney was not signed exactly as the name was printed. Will it still be valid/accepted?
The name listed at the top of the document is First, middle, last name. However, it was signed as First name, middle initial (only, not whole middle name) and last name. I also have a copy of his drivers license in his whole name, but with the signature the same as on POA: First, MI, Last name, to show that this is how he regularly signs his name.
A:
Powers of attorney are very strictly construed.
The power of attorney you refer to, may well be rejected on the basis that there is a discrepancy in the name of the donee as it is not identical with the name stated on the Power of Attorney.
In addition to the proof of ID which you have to support the authenticity of the power of attorney, it is important to note that most powers of attorney are witnessed.
I am therefore hoping that this Power of Attorney was also witnessed.In such event, it is best to request that the witness to the power also prepare a document known as "an affidavit of due execution" confirming that the donee of the power of attorney issued the power of attorney to you and signed in his/her presence.You can use this as additional evidence in support of the issue of the power and it will assist as such affidavit will be under Oath.
In the event the Power is rejected, you will have to get another power reissued by the donee however ensure that this is witnessed and preferably signed in the presence of a notary public if possible.
Hope this helps !
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