Can a third agent be added to a durable power of attorney if the form only allows two names?

Estate Probate

Hi, we’d like to add one more person to a Durable Power of Attorney, but the form only allows two names. Can we add an addendum, or do we need something else?

January 16, 2026

Legal Eagle

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Short answer: No. If the statutory form only allows two agents, you can’t add a third by addendum (UPOAA § 301 / § 302). You need a brand-new DPOA that revokes the old one and properly names all agents.

Most banks and investment firms won’t accept add-ons (UPOAA § 120). A new DPOA should clearly state whether agents act jointly, independently, or in order. Your father-in-law must still have legal capacity to sign.

Steps:

Confirm capacity
Revoke the old DPOA
Draft a new DPOA naming Julie, Vicki, and Bob
Properly notarize and witness
Distribute to financial institutions

Durable (Financial) Power of Attorney

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Hi, we’d like to add one more person to a Durable Power of Attorney, but the form only allows two names. Can we add an addendum, or do we need something else?

Lexi, Chatbot

I understand. Have you discussed this change with the current agents listed on the DPOA?

Yes.

Lexi, Chatbot

What’s the reason for adding another person?

My wife and sister-in-law are listed. They want to add me.

Lexi, Chatbot

Got it. Anything else the lawyer should know?

Nothing at this time.

Legal Eagle

Hello! I’m an attorney and happy to help. Are you trying to keep the current DPOA active and add yourself, or fully replace it?

We’re updating the DPOA because of changes to my father-in-law’s trust. He wants himself removed due to memory issues and also wants to remove my soon-to-be ex-brother-in-law. He wants his daughters Julie and Vicki as #1 and #2, and also wants me (Bob) added.

Legal Eagle

What powers need to be covered under the new DPOA?

Banking and investments. The investment advisor needs an updated document. The form only allows two names. Can we use an addendum to add a third?

Legal Eagle

Steps:

Confirm capacity
Revoke the old DPOA
Draft a new DPOA naming Julie, Vicki, and Bob
Properly notarize and witness
Distribute to financial institutions

The original law office wants us to complete a new intake form even though they already have one. Seems like a money grab.

Legal Eagle

That’s standard practice. You can either comply or hire a different attorney.

Thanks, we may do that.

Legal Eagle

Glad I could help.

Legal Eagle

128,690 satisfied customers

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