AQW 32602/22-27 Written question to the Minister of Justice

To ask the Minister of Justice to outline how she is ensuring that the legal framework for Lasting Powers of Attorney in Northern Ireland, will provide the same protections and safeguards as in other UK jurisdictions.

Asked by Claire Sugden MLA on 2 October 2025

  • Answered
  • Written
Tabled
2 October 2025
Answer due by
17 October 2025
Answered
14 October 202512 days after tabling
Department
Department of Justice
Priority question
No

Answer

The legal framework for lasting powers of attorney in Northern Ireland is provided for in the Mental Capacity Act (Northern Ireland) 2016, although the relevant provisions have not yet been commenced. The protections and safeguards provided for in the 2016 Act are the same as those in the Mental Capacity Act 2005 for lasting powers of attorney in England and Wales, and are broadly similar to those under the corresponding legislation in Scotland. The commencement powers for the Act rest with the Department of Health and my officials will be working with colleagues in that Department on an implementation plan for the 2016 Act.

Official sources