Legal Question in Military Law in Missouri

power of attorney

I have a power of attorney for my husband which is in my maiden name. I am now wanting to change my name to my married name. Will the power of attorney be void since it will contain my maiden name? Should I get the power of attorney changed and how do I do that? My husband is currently deployed overseas so he would not be able to aid in this process.


Asked on 9/18/07, 6:47 pm

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: power of attorney

I cannot answer your question about whether or not the power of attorney would be void if you change your name - you must consult with a Missouri lawyer on that - but, you need to know that generally you will have to show proper identification at a minimum before anyone accepts the power of attorney, and if you get your name legally changed by a Court Order, you will then have to change your identification documents, e.g., Driver's License.

But, the "power of attorney" is technically your husbands - he has given YOU the legal power to act on his behalf, so HE is the one who has to change the power of attorney - you cannot do it.

But, he can go to any military Legal Assistance Office - and they do have them in areas of deployment - and get a new one reflecting your changed name AFTER you get your name legally changed. The new power of attorney cannot predate the legal change of your name.

Good luck!

Don Rehkopf

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Answered on 9/18/07, 7:01 pm


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