My FIL's name is spelled one way on his birth certificate and a different way on his social security card. When they did their POA and wills prepared it is spelled to match his birth certificate. But everything else he has such as DL, bank accounts is what shows on his SS card. I am their POA as well as their executor and beneficiary. They have added me to their bank accounts already. My question is, once they pass will their will be valid since spelling of names are different? He now has dementia and she has had a stroke but they are both still able to understand most things if we keep it in simple terms.
If the names as quite dissimilar, you may need to get the advice of an attorney who can help you. If the birth dates line up as being the same, that's going to help. Do this soon, if FIL is failing mentally, he'd need to be able to sign his own name the "correct" way.
A piece of advice was handed to me 40+ years ago. Decide what your LEGAL name is going to be, get your SS card and ALL id's in that name always. This affects women who take their husband's names more than anyone else, I'd imagine. This has saved me a lot of hassles over the years!
On Ancestry I found one piece of Federal paperwork that showed where my Grandmother had changed her first name over to a new first name. But I didn't find any legal paperwork where Grandmother and my Grandfather changed the spelling of their last name. I am still digging for the family tree.
I never saw my Grandparent's Wills or family trusts, I assume it probably mentioned the name changes.
My DH is Ray everywhere except at the VA where he is Houston. Apparently this is very common as around here most if not all go by their middle names instead of their given - don't ask me, I have no idea why.
But the government insists on using the first name and this created a little situation with filling prescriptions at Walmart - so now they just list both names.
But legally, either way is still valid.
By doing it now not when an issue arises then you are covered - if FIL is capable that would be best - cost should be minimum but peace of mind priceless
Now more to your question jkrystal, this could have been and may still be at some point a little stickier because while she was eventually able to shakily sign her name to documents, she signs Sandra (or Sandy) naturally and for a while there was no way to get her to use Elizabeth without stressing her too much so she was unable. I think there are forms she used E Sandra, some she just signed Sandra and now sometimes she does Elizabeth no one has ever really questioned it other than to be confused when they ask her name and she says Sandra or they ask to see ID and it says Sandra while her Medicare card and SS say Elizabeth. We are fortunate she has a family attorney who handled my grandmother (her mother) estate for many years and knows her, all of us, very well. He came to the rehab center and did all the needed legal paperwork and while I forget if he made the notation that she is "also known as" or some other legal jargon he felt it was covered. We of course also have his back up to say Elizabeth and Sandra are one in the same and that was known to him but so far it hasn't been flagged on paperwork or anything. So I think legally you are fine but if you have an attorney that knows your FIL it might be wise to get something quickly signed and notarized or just a statement from them that your FIL has gone by both spellings and anything with his signature spelling his name either way is legal. My guess is the attny that did the POA and paperwork you have should be able to cover this for you fairly easily. I think this sort of thing was much more common than we think over the years but is becoming less so with everything being computerized now. Computers being far less forgiving or willing to make split second concessions. My brother and I still run into the name thing and have to have someone try the other name, then explain but that's never been an issue. I think another cause of name changes that just became official has always been marriage, I remember our pastor telling me I could just start using my married name and that would make it legal, I never went down to SS to change it.
I was able to change my mom's health card to her middle name after much work as she never uses her first name only because her name was so long [over 26 characters] - once when she was taken to hospital from NH after a fall she didn't respond to ER staff - when I got there & said to use her other name then all fell into place - people with dementia don't answer to anything else but usual name
We are all becoming numbers anyway but the name is to insure that number is right or at least that what it seems like