AQW 18725/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 25/11/2024
Answered On Date: 04/12/2024
Priority Written: No

Question:
To ask the Minister of Justice to detail (i) the measures in place to prevent the misuse or abuse of Enduring Powers of Attorney (EPA); and (ii) the oversight process once an EPA is registered.

Answer:

(i) The substantive law contained in the Enduring Powers of Attorney (Northern Ireland) Order 1987 is the responsibility of the Department of Finance. An Enduring Power of Attorney (EPA) enables a person (the Donor), to designate trusted family members or others (the Attorney), for future substitute decision-making over property and finance matters, in the event of a loss of mental capacity. An EPA is a legal document and the Donor has the power to place restrictions or conditions on when and how the Attorney may act. The Donor may cancel or amend the Enduring Power of Attorney at any time while they are mentally capable.

(ii) When a Donor is becoming or has become mentally incapable, the Attorney has a duty to register the EPA with the Court. Under the registration process, notice parties, such as other family members, have 35 calendar days to object to the registration of the EPA from the date notice is given. If a concern is raised about the actions of an Attorney, either during the registration process or at any time following registration, the matter will be referred to the Court for direction. The Court has the power to investigate the concerns and revoke the EPA if it is not satisfied that the Attorney is acting in the Donor’s best interests.