Sugden seeks clarity on progress towards lasting powers of attorney
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Claire Sugden
Independent MLA Claire Sugden has called for greater clarity on the introduction of lasting powers of attorney in Northern Ireland, following renewed calls from Dementia NI for a clear implementation timetable. The East Londonderry MLA has submitted further assembly questions to the health and justice ministers, seeking an update on progress, funding and the work still required to bring the relevant provisions of the Mental Capacity Act (Northern Ireland) 2016 into operation.
Northern Ireland still uses enduring powers of attorney under the Enduring Powers of Attorney (Northern Ireland) Order 1987. This will cover property and financial affairs should a person become incapacitated but does not cover health and personal welfare decisions.
Part 5 of the Mental Capacity Act (Northern Ireland) 2016 provides for lasting powers of attorney, but it has not yet been commenced.
Ms Sugden said: “Last October, I was told that work on implementing the remaining provisions of the Act would resume in early 2026. I recognise that this is complex legislation and that proper safeguards and resources must be in place, but almost a year later, we still have no clear timetable. I want to establish what progress has been made and whether lasting powers of attorney could be prioritised within the wider implementation programme.
“For people living with dementia, this is about having a say in their future care and treatment while they still have the capacity to make those decisions. It is about dignity, independence and ensuring their wishes are respected. Dementia NI has rightly highlighted the importance of these protections, and I want to see both departments working towards a realistic timetable for delivering them.”
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