Northern Ireland has enduring powers of attorney, not lasting ones
If you search for a lasting power of attorney in Northern Ireland you will find a great deal written for England and Wales and very little that applies to you. That is because the instrument does not exist here. England and Wales replaced enduring powers with lasting powers in 2007; Northern Ireland did not. The document a person in Northern Ireland makes to let someone manage their affairs is still an enduring power of attorney (EPA) under the Enduring Powers of Attorney (Northern Ireland) Order 1987, registered when the time comes with the High Court’s Office of Care and Protection in Belfast.
The practical difference is scope. nidirect puts it plainly: in Northern Ireland an EPA covers financial matters only. There is no Northern Ireland equivalent of the health and welfare LPA that lets an attorney in England decide where you live or what treatment you receive.
What an EPA does
An ordinary power of attorney lets someone act for you but stops the moment you lose the mental capacity to manage your own affairs — exactly when you need it most. An enduring power of attorney keeps going. It lets you choose, while you are well, one or more people you trust to manage your money, property and financial affairs if you cannot.
- Who can make one: anyone over 18 who is mentally capable of understanding what an EPA is.
- What it can cover: as much or as little of your financial affairs as you choose. You can let your attorney run your bank accounts but exclude the sale of your house, for example.
- When it takes effect: as soon as the attorney signs, unless you write in a condition — for instance that it may only be used once you have lost capacity, or once it has been registered.
- Changing your mind: you can cancel or amend it at any time while you still have capacity, and you will need to if your attorney dies, loses capacity or no longer wishes to act.
Registration with the Office of Care and Protection
Every EPA must be registered with the High Court (Office of Care and Protection) to become effective once you have lost capacity, but not before. The trigger is the attorney forming the view that you are becoming unable to manage your affairs. They then apply to register the power; you are notified of the application; and the court may question how the attorney has handled your affairs and can cancel the power at any time if it is not satisfied the attorney is acting in your best interests.
| Office of Care and Protection fee | Amount |
|---|---|
| Application to register an EPA (form EP2) | £189 |
| Application pursuant to a court direction (EP3) | £326 |
| Search of the register (EP4) | £33 |
| Copy of a registered EPA (EP4) | £17 |
| EPA account fee | £244 |
Fees are payable to “NICTS”. The Office of Care and Protection is on the second floor of the Royal Courts of Justice, Chichester Street, Belfast BT1 3JF (Room 2.02, First Floor for post), telephone 0300 200 7812, email [email protected].
What happens if you have no EPA
If you lose capacity without an enduring power in place, nobody has automatic authority over your finances — not your spouse, not your children. Your family would have to apply to the Office of Care and Protection for the court to appoint someone to manage your affairs on your behalf, a slower and more expensive process than registering a power you made yourself, and one in which the court, not you, chooses who acts.
How an EPA fits with your Will
They do opposite jobs. An EPA works while you are alive and cannot manage; it ends at your death. A Will does nothing while you are alive and takes effect only at your death. Most people need both, and the same conversation about who you trust usually answers both questions.
ClearLegacy makes Wills for Northern Ireland and only Wills; we do not prepare enduring powers of attorney. Both nidirect and the Department of Justice recommend taking legal advice on the range of powers you give an attorney, and a Northern Ireland solicitor is the right person to draw one up. Our job is the other document.
The document for after you are gone
A Will for Northern Ireland, drafted under the 1994 Order, for £69 — £99 for a couple’s Mirror Wills. Checked before it is issued, usually delivered within 24 hours.
Start your Will — from £69 →Sources
- nidirect — Managing your affairs and enduring power of attorney — that an EPA in Northern Ireland covers financial matters only, is different from the health and welfare LPA in England and Wales, and is registered with the Office of Care and Protection on incapacity.
- Department of Justice — Information on Enduring Powers of Attorney (EPA) — who can make one, limits and conditions, registration, the Office of Care and Protection address and contact details, and the fee schedule (EP2 £189 and the rest).
- Enduring Powers of Attorney (Northern Ireland) Order 1987 — the governing legislation.
Frequently asked questions
Can I make a lasting power of attorney in Northern Ireland?
No. Lasting powers of attorney are an England and Wales instrument. In Northern Ireland the equivalent is an enduring power of attorney under the Enduring Powers of Attorney (Northern Ireland) Order 1987, and it covers financial matters only.
What does an enduring power of attorney cover in Northern Ireland?
Your money, property and financial affairs. You can limit it to particular matters — letting your attorney manage your accounts but not sell your home, for example. It does not cover health or welfare decisions; nidirect is explicit that there is no Northern Ireland equivalent of the health and welfare LPA.
Who can make an EPA?
Anyone over 18 who is mentally capable of understanding what an enduring power of attorney is. It must be made while you still have capacity; it cannot be made for you afterwards.
When does an EPA have to be registered?
Only when your attorney believes you are becoming unable to manage your affairs. They apply to the High Court's Office of Care and Protection in Belfast to register it, you are notified, and the court can question the attorney and cancel the power if it is not satisfied they are acting in your best interests.
How much does it cost to register an EPA in Northern Ireland?
The Office of Care and Protection charges £189 for an application to register an enduring power of attorney (form EP2). An application under a court direction is £326, a search of the register £33, a copy of a registered EPA £17, and the EPA account fee £244. Fees are payable to NICTS.
Can an EPA be used before I lose capacity?
Yes, unless you say otherwise. It takes effect as soon as the attorney signs. If you want it held back until you lose capacity, or until it has been registered, you write that condition into the document.
What happens if I lose capacity without an EPA?
Nobody has automatic authority over your finances. Your family would have to apply to the Office of Care and Protection for the court to appoint someone to manage your affairs — slower, costlier, and the court rather than you decides who.
Does ClearLegacy make enduring powers of attorney?
No. ClearLegacy makes Wills for Northern Ireland and nothing else. An EPA is a separate document that does the opposite job — it works while you are alive and ends at your death — and a Northern Ireland solicitor is the right person to prepare one.