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Archive for May, 2008

How Does Someone Change Their Name?

Posted by dmf32835 on May 31, 2008

Having the freedom to change your name is something people are thankful for when they need it. A lot of women who have fallen in love with the wrong guy know this feeling. The most common reason some one changes their name is because of a change in marital status. Although it is the most common reason for a change of name nearly any reason is accepted.

One reason you can’t use for a change of name is for avoiding bankruptcy. You can’t pretend your some one else just because you’ve changed your name. Secondly, you can’t violate a trademark. Many celebrities trademark their name, like Paul McCartney. So therefore it probably won’t work if you want to change your name to Tom Cruise, or Angelina Jolie. Thirdly, you can’t change a name to something with numbers or symbols in it. Lastly, no one can use obscene words in their name.

After some one has picked a good name that doesn’t imply fraudulent intent then they can continue on by getting the forms to fill out. Then they can go online to download a kit that includes all the forms they need to change their name in their state, that’s the easiest way. If you don’t want to deal with doing it yourself then consult an attorney in your area.

When the forms are completed and signed then it may already be official but in most states they require the form to be notarized. The only way you can know for sure is to know your local laws and procedures by contacting the appropriate local government office (or attorney), which is usually the courthouse. The instructions that come along with the name change kit will usually explain the state procedures also.

The state procedures for changing your name usually include submitting your paperwork to the appropriate office, waiting for approval, and then placing a newspaper ad announcing your name change. The reason for this to be included in the procedures is to give your new name to any one you may owe debt to. If the public objects then they could then intervene and object to the name change if debt is owed under the current name. If no one objects then you send in your affidavit and return it to the court clerk. You will then receive an Order Granting Change of Name, which will be your new ID. You can take the new ID at the DMV, Social Security Administration, and the Bureau of Records/Vital Statistics to get your new drivers license, social security card, and birth certificate.

The DMV can be very picky about having a SSN before some one gets a drivers license with their new name. Therefore it is suggested that they should go to the Social Security Administration first for their new social security card with their new name.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.

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How to Get a Durable Power of Attorney

Posted by dmf32835 on May 24, 2008

A durable power of attorney is a form that is used as a legal way to appoint some one to act on your behalf if you become incapacitated. To get one you can go down to your county’s courthouse and pay a ‘print fee’ for a copy for one. An even easier way to get one though is by going online and finding a durable POA form you can fill out at home on your PC then print out yourself; theirs many sites out there that offer these kind of fillable forms.

There are a few things you should know though once you’ve gotten a hold of a fillable durable power of attorney form. The person making the document, which is the person who appoints the representative to represent their interests when they become incapacitated, is called the ‘principal’. The person appointed by the principal is called the agent or attorney-in-fact. Besides understanding these two terms there is nothing else you need to know to finish filling out your durable POA.

Once you’ve created a solid durable power of attorney then its time to get it signed and notarized. As soon as a durable POA is signed it is in effect, but notarizing it will give your county a record of it and therefore will provide evidence that it is legal if disputes arise later. Once your durable POA form is notarized then you’re all done, and you have just filed a durable POA form on your own without a lawyer.

At anytime the principal may revoke a durable power of attorney they’ve made. This is done by first informing the agent in writing then second you fill out and notarize a revocation of power of attorney. Many lawyers will also suggest that you even should inform anyone that has done business with the agent and tell him or her that your agent will no longer represent you.

‘How to Get a Durable Power of Attorney’ has been brought to you by Legal Forms Bank .Biz - which provides fillable legal forms online. They even have a fillable durable power of attorney form for your state.

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