AQW 32602/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 02/10/2025
Answered On Date: 14/10/2025
Priority Written: No

Question:
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.

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.