Is power of attorney still good after name change?

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Is power of attorney still good after name change?

I have power of attorney for my elderly father who is in assisted living and I recently got married and changed my last name. Would I need to have an attorney draft a new one or is the document I have still valid?

Asked on July 20, 2017 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A POS runs to a person, not a name. So yes, it is still valid even after a name change. So long as you have proof of your maiden name, you should have no problem. That having been said, a new POA can be executed with your married name so as to eliminate any confusion in the furture.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The document you have is still valid: a name change does not make you not "you" and does not take away any power or authority given to you. At most, you may have to (IF anyone tries to challenge the power or doesn't want to honor it) is show that the name on the POA was your pre-marriage name.


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