AQW 41769/11-15 Written question to the Minister of Justice
To ask the Minister of Justice to detail the process for registering Power of Attorney in Northern Ireland, compared to the process in England and Wales.
Asked by Claire Sugden MLA on 4 February 2015
- Answered
- Written
- Tabled
- 4 February 2015
- Answer due by
- 19 February 2015
- Answered
- 16 February 201512 days after tabling
- Department
- Department of Justice
- Priority question
- No
Answer
In Northern Ireland, an Enduring Power of Attorney (EPA) enables a Donor to appoint a person to deal with their property and affairs. Subject to any conditions imposed by the Donor, the EPA can take effect as soon as it is signed by the Attorney. If the Donor becomes mentally incapable of managing their affairs, the EPA will remain valid provided that it is registered with the High Court (Office of Care and Protection). Registration is not required until the point where the Attorney believes the Donor is no longer capable of managing their affairs.
In England and Wales the EPA was replaced with a Lasting Power of Attorney (LPA) in 2007. There are two types of LPA, a property and financial affairs LPA and a health and welfare LPA. The Donor can set up one or both.
LPAs must be registered with the Office of the Public Guardian before they can be used. The health and welfare LPA can only be used when the Donor is unable to make their own decisions.
Information about the procedures in both jurisdictions is available on the government websites, NIdirect and Gov.uk.