If a person is unable to look after their financial and/or personal affairs, in the event that they no longer have the mental capacity to do so themselves, they will need to appoint an Attorney to do this for them.
But what is the purpose of Enduring Power of Attorney? And do you set it up?
Let’s take a closer look.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is created by a person (the Donor), while they have mental capacity.
The power only comes into effect when the Donor becomes mentally incapable of managing their affairs, at which time, the Attorney(s) must apply for registration of the EPA.
Setting up Enduring Power Of Attorney
In England and Wales, when creating an LPA (Lasting Power of Attorney), you can grant powers over two general areas in your life:
- Health and Welfare
- Property and Finance
However, in Northern Ireland, you can apply for an Enduring Power of Attorney (EPA) which gives your nominated Attorney power over your financial affairs.
The law that governs power of attorney and mental capacity in Northern Ireland is known as the Enduring Power of Attorney Order (Northern Ireland) 1987. It’s designed to protect and safeguard individuals who have or may go on to lose capacity (the Mental Capacity Act 2005 in England and Wales).
To apply for an EPA in Northern Ireland you can download the form here on the Law Society of Northern Ireland’s website.
It is recommended that individuals obtain legal advice on the legal requirements and the consequences of signing such an important document.
However If you wish to specify your preferences for healthcare in Northern Ireland, you are advised to create a living will (known as an Advance Decision). Read more about Advance Decisions here.
It is advised that your Advance Decision should be made in writing, even if it does not relate to refusing life-sustaining treatment, as this will improve the chance that medical professionals will be aware of and respect your decision.
However, if it does relate to refusing life-sustaining treatment, it must always be in writing, and include a statement that even if your life is at risk, refusing the treatment applies. Your Advance Decision also needs to be signed by you and a witness.
If your loved one wishes to complete a form, they can access a free template form here on the Alzheimer’s Society website.
Power of Attorney can be set up through a solicitor, a will writer or the Office of Care and Protection (OCP), which manages Power of Attorney in Northern Ireland
You can use an EPA without registering it while you still have mental capacity, but as soon as your mental capacity starts to decline, you must register your EPA with the Office of Care and Protection. The registration fee is £165.
The Office of Care and Protection (OCP)
The Office of Care and Protection (OCP) manages Power of Attorney in Northern Ireland.
If an EPA is not in place, and the person with dementia has already lost their mental capacity, then you will need to set up a Controllership (the Northern Ireland equivalent of a Deputyship), through the OCP.
Controllers can be a relative, friend or solicitor, however it can be far more expensive and time-consuming than setting up an EPA. Therefore, it is always worth setting up an EPA before someone loses mental capacity if possible.