AQW 18724/22-27 Written question to the Minister of Justice

To ask the Minister of Justice (i) whether she has any plans to review the Enduring Powers of Attorney (Northern Ireland) Order 1987 to align with the broader mental capacity frameworks, such as the Mental Capacity Act (Northern Ireland) 2016; and (ii) whether she has considered introducing lasting powers of attorney, similar to those in England and Wales, which allow for decisions about health and welfare as well as financial matters.

Asked by Claire Sugden MLA on 25 November 2024

  • Answered
  • Written
Tabled
25 November 2024
Answer due by
10 December 2024
Answered
3 December 20248 days after tabling
Department
Department of Justice
Priority question
No

Answer

While the Office of Care and Protection administers enduring powers of attorney, the substantive law contained in the Enduring Powers of Attorney (Northern Ireland) Order 1987 is the responsibility of the Department of Finance. Any review of the 1987 Order would be a matter for the Minister of Finance to consider in conjunction with relevant stakeholders.

Lasting powers of attorney are provided for in Part 5 of the Mental Capacity Act (Northern Ireland) 2016, which has yet to be commenced. The commencement power rests with the Department of Health, but commencement is dependent upon other provisions in that Act that are the responsibility of my department, in particular Part 7, which provides for the appointment of a Public Guardian. Officials in both departments are currently working on plans to identify the actions, resources and time required to allow for commencement of these and other provisions of the 2016 Act.

Official sources