Power of Attorney in NI

penguin10

Sarahspangles said:

I think that in Northern Ireland the Enduring Power of Attorney is the same arrangement as the EPA that used to be available in England, which has now been superseded by Lasting Powers of Attorney. My (English) in-laws set up EPAs in their early 60s, long before they were needed, in fact I think the solicitor threw them in with their Wills!

After MIL was widowed, and it was clear she couldn’t manage, her sons registered the EPA. She wouldn’t have had capacity to understand a LPA so it was helpful that the EPA could still be used. They didn’t need to use a solicitor, they just had to serve notice on other close relations using a standard form. The only bit that was complicated was working out how to pay the fee, as the options offered were cheque or postal order.

A few organisations did query if EPAs were still valid and this might be an issue if you’re using the EPA with UK-wide organisations.

That does sound as if its the case yes.  NI must be a bit behind the times  

Sarahspangles

penguin10 said:

Sarahspangles said:

I think that in Northern Ireland the Enduring Power of Attorney is the same arrangement as the EPA that used to be available in England, which has now been superseded by Lasting Powers of Attorney. My (English) in-laws set up EPAs in their early 60s, long before they were needed, in fact I think the solicitor threw them in with their Wills!

After MIL was widowed, and it was clear she couldn’t manage, her sons registered the EPA. She wouldn’t have had capacity to understand a LPA so it was helpful that the EPA could still be used. They didn’t need to use a solicitor, they just had to serve notice on other close relations using a standard form. The only bit that was complicated was working out how to pay the fee, as the options offered were cheque or postal order.

A few organisations did query if EPAs were still valid and this might be an issue if you’re using the EPA with UK-wide organisations.

That does sound as if it’s the case yes.  NI must be a bit behind the times  

Not necessarily, I think in Northern Ireland the common law foundation on which law is built is different. Each country seems to eventually get round to resolving present day issues with legislation.

The EPA arrangement worked fine for MIL, having it there ready when needed. FIL told his sons about his and MIL’s EPAs when they were made, then locked them in the safe. By the time they were needed OH and his brother had only the vaguest recollection! LPAs are causing issues in England as people are having to rush to get them registered, as you can’t use them until they are.