Plan Ahead for Peace of Mind
Life can be unpredictable. An Enduring Power of Attorney (EPA) allows you to plan ahead and make sure your financial affairs are looked after if you ever become unable to manage them yourself.
At Worthingtons, we help clients across Northern Ireland create EPAs that provide clarity, security, and peace of mind for the future.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that lets you (the Donor) appoint one or more trusted people (your Attorneys) to manage your property and financial affairs on your behalf.
The key feature of an EPA is that it continues to be valid if you lose mental capacity — unlike an Ordinary Power of Attorney, which would automatically end at that point.
EPAs are governed by the Enduring Powers of Attorney (Northern Ireland) Order 1987.
What Can an EPA Cover?
Your attorney can handle a wide range of financial tasks, such as:
- Managing bank accounts and paying bills
- Collecting pensions, benefits, or income
- Buying, selling, or maintaining property
- Managing investments or savings
- Handling tax or insurance matters
It’s important to note that an EPA only covers financial and property matters — not health or personal welfare decisions.
How to Create an EPA
Setting up an EPA in Northern Ireland involves several important steps:
- Choose your Attorney(s)
Pick someone you trust completely — often a close family member or friend. You can appoint more than one attorney to act either jointly (together) or jointly and severally (independently from each other).
- Complete the prescribed form
The EPA must be created using the correct legal form, signed by both you and your attorney(s), and properly witnessed. A Solicitor can explain the duties and responsibilities of Attorney(s), so that they are fully aware of the legal obligations required of them when they accept the appointment.
- Keep it safe
The original EPA should be stored securely; your solicitor should store the original document for you free of charge.
Registration with the Office of Care and Protection
Your EPA does not need to be registered immediately.
While you have mental capacity, your Attorney can act under the EPA, if you allow them to.
However, if you begin to lose capacity, your Attorney is legally required to register the EPA with the Office of Care and Protection (OCP) before continuing to act.
You (the Donor) and a number of other close relatives will be informed of the intended registration, allowing any concerns to be raised before it takes effect.
Responsibilities of an Attorney
Acting as an Attorney is a position of great trust. An Attorney must always:
- Act honestly and in good faith
- Make decisions in the best interests of the Donor
- Keep clear financial records and accounts
- Avoid conflicts of interest
- Follow any instructions or restrictions set out in the EPA
If an Attorney misuses their authority, the OCP or the High Court can step in to investigate or remove them.
Changing or Cancelling an EPA
As long as you still have mental capacity, you can revoke (cancel) your EPA at any time.
If you lose capacity, only the High Court can revoke it — for example, if there is evidence of abuse or misconduct.
An EPA will also automatically end if:
- The Donor or sole Attorney dies
- The Attorney loses capacity or becomes bankrupt
EPAs vs. Lasting Powers of Attorney
In England and Wales, EPAs have been replaced by Lasting Powers of Attorney (LPAs).
However, Northern Ireland still uses the EPA system, and there is currently no LPA equivalent.
This makes it especially important for Northern Ireland residents to put an EPA in place as part of their long-term planning.
Why Seek Legal Advice
An EPA is a powerful legal document, and it’s vital that it is prepared correctly to avoid problems later.
Our experienced solicitors can:
- Explain your options clearly
- Help you choose suitable Attorneys
- Draft and witness your EPA properly
- Handle the registration process if required
Get Expert Help Today
With professional guidance, you can ensure your EPA truly reflects your wishes and protects your interests. At Worthingtons, we have extensive experience helping clients across Northern Ireland prepare Enduring Powers of Attorney and plan for the future with confidence.
If you would like advice or assistance on creating or registering an EPA, contact Nikki McConnell, Partner on 028 9181 1538, email [email protected] .
