Managing your affairs and enduring power of attorney
If a time comes when you are no longer able to manage your property and finances, you will need someone to do this for you. You can formally appoint a friend, relative or professional to hold a Power of Attorney that will allow them to act on your behalf.
A Power of Attorney
A Power of Attorney is a legal document giving someone else the authority to take actions or make decisions on your behalf.
It allows you to choose a person or people you trust (called an attorney) to deal with your property and affairs.
A Power of Attorney ends when you are no longer able to make decisions (you lack mental capacity) about your property and finances. But an enduring power of attorney (EPA) will continue.
An enduring power of attorney (EPA)
An EPA lets you choose someone you trust to manage your property and money.
In Northern Ireland, an EPA covers financial matters only.
This is different from a health and welfare lasting power of attorney (LPA) used in England and Wales, which can also cover health and welfare decisions.
Setting up an EPA
An EPA must be set up while you can make your own decisions (have the mental capacity) to manage your property and money.
You can decide whether it's used straightaway with your permission, or only if you lose mental capacity.
Anyone can lose mental capacity at any time, for example because of an accident or illness.
The date the EPA comes into effect will depend on whether you have put any restrictions or conditions in it.
For example, you may have made it clear that the attorney(s) cannot act until you are no longer able to make decisions (you lack mental capacity). Or until the Enduring Power has been registered by the court.
If there are no restrictions or conditions, the attorney's powers start as soon as they've signed the EPA.
You may seek legal advice as you'll need to carefully consider the range of powers you want to give your attorney.
Eligibility for granting an EPA
You can grant the power at any time if you are:
over 18 years of age
and
- able to understand what an EPA is
Limiting an attorney's power over your affairs
You can limit the power to certain parts of your affairs. For example, you may wish them to handle your money but you might want to leave out the power to sell your house.
If you change your mind about the EPA
You can cancel or change the EPA at any time while you are able to make your own decisions.
For example, you will need to appoint a new attorney if the attorney you have chosen dies or becomes incapable or no longer wishes to act on your behalf.
Registering an EPA
If you become unable to manage your affairs, all enduring powers of attorney must be registered with the High Court (Office of Care and Protection) to continue to be effective.
However registration is not needed until your attorney believes you are no longer able to manage your finances.
If your attorney believes at any point that you are becoming unable to manage your affairs, they must apply to the High Court (Office of Care and Protection) to register this power.
You'll be notified when your attorney applies to the court.
The court may question how your attorney is handling your affairs.
It may cancel their power at any time if it is not satisfied that the attorney is acting in your best interests.
Where to get advice
Any solicitor can give you advice.
The Office of Care and Protection can give general guidance.
You can make enquiries in person, by telephone or by post.
You can find their contact details at the link below.