Claire Sugden

Part 5 of the Mental Capacity Act (Northern Ireland) 2016, which provides for lasting powers of attorney covering care, treatment and personal welfare as well as property and assets, has yet to be commenced.

Independent MLA and former justice minister Claire Sugden last week said it was unacceptable that people in Northern Ireland still do not have access to lasting powers of attorney.

She said: “In England and Wales, health and welfare lasting powers of attorney have been in place since 2007. Here, they are still not available.

“That means people in Northern Ireland cannot appoint someone they trust to make decisions about their care and treatment if they lose capacity.”

Ms Sugden added: “Every year, around 3,000 people are diagnosed with dementia in Northern Ireland.

“At that moment they are advised to put their affairs in order, but they cannot. They can plan for their finances through an enduring power of attorney, but not for their health or personal welfare.

“This gap causes real distress for people and families who want certainty about their future care.”

The MLA for East Londonderry has tabled a series of questions in the Northern Ireland Assembly, asking the health and justice ministers for an update on progress, a clear timetable, and reassurance that Northern Ireland will not continue to fall behind other parts of the UK.

“Families are often shocked when they discover that enduring powers of attorney here do not cover health or care decisions,” Ms Sugden said.

“Many assume they do, and only find out later when it is too late. This is not good enough.

“For people with dementia, having the choice to appoint someone they trust is about confidence and peace of mind. It is not an additional benefit, it is a reasonable expectation.

“People in Northern Ireland deserve the same choices and protections as those elsewhere in the UK.”