Court not needed when changing name upon marrying
Q: In a recent column, you discussed having to go to court to change one’s name, but you did not mention a woman changing her name when she gets married. Does she need to go through the same legal process? When I got married in 2003, I drove to the Social Security office and filled out documents. Once I received my new Social Security card, I changed my driver’s license, passport and other documents.
A: In Texas, it is easier to change your name when you get married because the marriage certificate, which shows a person’s newly adopted name, is used to change the person’s driver’s license, passport and other documents.
There is no need to go to court and seek a judge’s approval.
You would still need to take the time to change your name on your Social Security card, driver’s license and the other forms.
Q: Before my mother went into assisted living last year, she signed a power of attorney giving my sister control of her finances. My
mother now wants to change the power of attorney to name me as her agent. How would she do that?
A: Your mother can revoke her existing power of attorney two ways. One is by signing a document called a “revocation of power of attorney.” The other, easier way is by mentioning in her new power of attorney that she is revoking the old power of attorney.
If your mother signs a new power of attorney without revoking the old one, she will have two powers of attorney, both of which will be valid.
Sometimes a person’s lawyer will record a power of attorney with the county clerk.
If your mother’s old power of attorney was recorded, she should sign both the revocation and the new power of attorney and then record the revocation with the same county clerk. The new power of attorney needs to be recorded only if, and when, it will be used in a real estate transaction.
For your mother, it might be best to sign a revocation separate from her new power of attorney so she or you can present the revocation to all of her banks, brokerage firms and other businesses to let them know she has revoked her power of attorney.
If your mother is worried that your sister may try to use the revoked power of attorney illegally, she may want to mail certified letters to the institutions alerting them to the existence of the revocation.
Your father should be sure to destroy her old power of attorney as well as all copies. If she decides to keep any copies, she should write “REVOKED” across each page.
The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.