AQW 41627/11-15 Written question to the Minister of Health, Social Services and Public Safety

To ask the Minister of Health, Social Services and Public Safety for his assessment of the impact that the Mental Capacity Bill may have on the provision of Power of Attorney in Northern Ireland.

Asked by Claire Sugden MLA on 2 February 2015

  • Answered
  • Written
Tabled
2 February 2015
Answer due by
17 February 2015
Answered
10 February 20158 days after tabling
Department
Department of Health
Priority question
No

Answer

The draft Mental Capacity Bill, which is being taken forward jointly by my Department and the Department of Justice, provides for a new system of Lasting Powers of Attorney (LPA) to replace the existing Enduring Powers of Attorney (EPA) system. This was a key recommendation of the Bamford Review and follows similar reforms in England and Wales.

The new scheme will provide stronger protections for people who want to plan ahead for a time when they may lose their mental capacity. Importantly, it will allow a person to give someone else the authority to make decisions on his/her behalf not just in relation to financial matters, but also health and welfare matters. Any EPA put in place prior to the Bill coming into operation will, however, be respected. Further work on the implementation of the new system will be undertaken in consultation with key stakeholders to help ensure that the transition to the LPA scheme here goes as smoothly as possible.

Official sources