AQW 32600/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 02/10/2025
Answered On Date: 08/10/2025
Priority Written: No

Question:
To ask the Minister of Health for an update on the implementation of lasting powers of attorney under the Mental Capacity Act (Northern Ireland) 2016, including the expected timetable for introducing health and welfare provisions.

Answer:

The Mental Capacity Act (NI) 2016 (MCA), a piece of legislation brought forward by the Department of Health and the Department of Justice (DoJ), provides a framework for people who lack capacity to make a decision for themselves and for those who now have capacity but wish to make preparations for a time in the future when they may lack capacity.

The MCA has been implemented in a phased approach, with provisions relating to deprivation of liberty, research and money and valuables commenced to date.

Further work is needed to understand the resourcing implications for full commencement and so there are currently no indicative timings for full commencement of the MCA. Any decision regarding provisions related to lasting powers of attorney would need to be considered in collaboration with DoJ.