Can more than one person act as a deputy?

When a loved one loses the mental capacity to make decisions themselves and there is no Lasting Power of Attorney (LPA) in place, it may be necessary for someone to apply to the Court of Protection to become their Deputy.

One question we are often asked is:

“Can more than one person act as a Deputy?”

The simple answer is yes. In many cases, the Court of Protection can appoint two or more Deputies to act on behalf of an individual who lacks capacity. However, there are important considerations regarding how those Deputies make decisions and work together.

For more, read Court of Protection: Who can be a Deputy? and Understanding the key differences between Deputies and Attorneys.

What is a Court of Protection Deputy?

A Deputy is a person appointed by the Court of Protection to make decisions for someone who can no longer make decisions for themselves due to a lack of mental capacity.

A Deputy may be appointed to manage:

• Property and financial affairs
• Health and welfare matters

Deputies are required to act in the person’s best interests and must follow the principles set out in the Mental Capacity Act 2005.

Can multiple deputies be appointed?

Yes. The Court of Protection may appoint more than one Deputy where it believes this arrangement is appropriate and in the best interests of the individual concerned.

This is often the case where:

• Adult children wish to act together for a parent
• Siblings want to share responsibility
• A family member and a professional Deputy are appointed jointly
• Family members want greater transparency and shared decision-making

Having more than one Deputy can provide additional support, oversight and reassurance for everyone involved.

How do joint Deputies make decisions?

When appointing more than one Deputy, the Court will specify how decisions should be made.

Jointly

If Deputies are appointed jointly, they must make all decisions together.

This means:

• Every decision must be agreed
• Documents must usually be signed by all Deputies
• One Deputy cannot act independently

A jointly appointed Deputyship can provide a high level of accountability, but it can sometimes be impractical if Deputies live far apart or have differing views.

Jointly and Severally

The Court may instead appoint Deputies jointly and severally.

This allows:

• Deputies to make decisions together when appropriate
• Either Deputy to act independently when necessary
• Greater flexibility in managing day-to-day affairs

For many families, this arrangement offers the right balance between shared responsibility and practical decision-making.

What are the benefits of having more than one Deputy?

Shared responsibility

Managing someone else’s finances or welfare can be a significant responsibility.

Having another Deputy can help distribute the workload and ensure important tasks are not overlooked.

Greater transparency

When decisions are made jointly, there is often greater accountability and transparency.

This can help maintain trust between family members and reduce concerns about how finances are being managed.

Continuity

If one Deputy is temporarily unavailable due to illness, travel or other commitments, another Deputy may be able to continue managing matters, particularly where the appointment is made jointly and severally.

Different skills and expertise

One Deputy may have strong financial management skills, while another may have a closer understanding of the person’s care needs. Together, they can bring valuable perspectives to the role.

What happens if Deputies disagree?

Unfortunately, disagreements between family members sometimes occur.

If conflicts cannot be resolved, the Court of Protection may need to become involved. In serious cases, the Court can:

• Give directions regarding specific decisions
• Change the deputyship arrangements
• Remove a Deputy
• Appoint a professional Deputy instead

This is why it’s important for anyone considering a joint application to be confident that they can work collaboratively and communicate effectively.

If you are concerned about how a Deputy is acting, read What to do if a Deputy isn’t acting in a person’s financial best interests.

Should you apply with someone else?

The right arrangement will depend on your family’s circumstances.

Some families benefit from sharing the responsibility, while others find that appointing a single Deputy provides a more straightforward solution.

Factors to consider include:

• The complexity of the individual’s affairs
• Family relationships
• Location of the proposed Deputies
• Availability and time commitments
• The individual’s best interests

Professional legal advice can help you determine the most appropriate option before making an application.

How OMM can help

Applying to the Court of Protection can feel daunting, particularly during what is often a difficult time for families.

At Osborne Morris & Morgan, our experienced Court of Protection team can advise on Deputyship applications, help you understand your responsibilities, and guide you through the Court process from start to finish.

Whether you are considering applying alone or jointly with another family member, we can provide practical advice tailored to your circumstances.

If you would like to discuss Deputyship or Court of Protection matters, please contact our team for expert guidance and support. Speak to the team today on 01525 378177 or email info@ommlaw.co.uk.