i hold my husbands power of attorney while hes deployed. When we first got married I hadnt changed my last name to his yet. Now im going to change it and i want to know if the power of attorney paper will be invalid if they see my maiden last name when it is already changed to my married last name. Will he just have to get a new one with my new last name or can it stay the same?
Yes . it will still be in full force and effect.
Yes, the power of attorney is still valid. HOWEVER, I would recommend that a new one be secured. If he is in the military, all he has to do is contact the Staff Judge Advocate's Office, and it will be done for free. I am one of those kind of people that likes to anticipate problems. I keep thinking about the kind of problems I see where people have to deal with bank clerks who don't understand the law and give people a hassle. If everything is correct as to names, those petty tyrants don't get upste, and you don't need to speak with a supervisor or somebody in the bank's legal department. If any power of attorney is really an old document, a person relying on the power of attorney has the right to request an affidavit that the power of attorney is still in effect, and, that, to the best of the knowledge of the agent (attorney-in-fact) the principal is still alive, and the power of attorney has not been revoked. Pennsylvania's statute to that effect is found at 20 C.P.S. §5606.
He should get a new one made out for you and keep up dated fro m time to time.
Yes it will be a problem; once you change your name there is no way for people to know if you are telling the true, and they can legally deny to honor the power of attorney. It might still be legal in theory but for any practical use it would be useless. Don't change your name or ask him to make a new one and include both names (single and married name).
You have a marriage license to prove your maiden name belonged to you when the document was written. A Power of Attorney is accepted by banks and can be used without question for 10 years. After that, it is a good idea to get it updated. When your husband returns, you can have your name changed on the document, but for right now, it should be valid just like it is.
