Teresa Borges wrote:
The translator’s note should be placed immediately after the misspelled name the first time (the only time?) it appears and should read something like: “Misspelled name in the original”. Hope this helps…
P.S. Are you both the beneficiary of the power of attorney and the translator?
No, I'm just the beneficiary, I just roughly translated it for this post to get a second opinion while the certified translator that I'm in contact with gets back to me on how she might handle the typo in the translation.
And yes, it's only misspelled once in the header and it's correctly spelled alongside my passport number in the body text of the POA.
B D Finch wrote:
The most important question is whether the power of attorney is defective because of the typo (which I would have thought unlikely, but I'm not a lawyer). If in doubt over that, you should get a legal opinion. However, for that very reason (which illustrates the reason behind the general principle), it would be wrong for a translator to correct the misspelled name in the translation. As suggested by Teresa, the translator should add a translator's note.
[Edited at 2020-02-28 13:35 GMT]
I appreciate you taking the time to reply and yes, whether the POA is invalidated because of this typo is the first thing I questioned when I noticed the mistake. But I just wanted to explore the option of correcting it or making a note of it in the legal translation in case correcting the POA itself is going to be difficult.
From the legal advice that I found and received online, the consensus seems to be that a typo in the name shouldn't be an issue or invalidate the POA, since my name is only misspelled once and it's correctly spelled in the body text alongside my passport number.
But I'm thinking now since the translator would most likely not correct the spelling in the translation and will leave a note, I think it will cause issues and raise many questions when I try to execute the POA which I don't want to deal with. I'll probably end up notarizing a new POA with the correction.
[Edited at 2020-02-28 15:01 GMT]
[Edited at 2020-02-28 21:18 GMT]