How does a legal name change affect a power of attorney?

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How does a legal name change affect a power of attorney?

If a person who holds a power of attorney legally changes their name, how does that affect the acceptability and usage of the power of attorney which shows their old name? Is a new power of attorney required? Will it be difficult or require more time for most institutions to accept the power of attorney even when accompanied by the court ordered name change, showing the 2 people are the same?

Asked on January 6, 2012 under Estate Planning, New York

Answers:

Janet Brewer / Law Office of Janet L Brewer

Answered 9 years ago | Contributor

As a practical matter, I doubt that a bank or brokerage firm will accept a power of attorney that shows an old name.  They might be more inclined to do so if they can see the court order.

But if the person who granted the power of attorney is still competent, it seems to me that it would be far easier (and much more practical) to have a new power of attorney prepared that shows the person's new name.

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