The purpose of this explanatory note is to describe briefly the procedure under the
Enduring Powers of Attorney (Northern Ireland) Order 1987, which came into force
on 10 April 1989 [“the 1987 Order”].
It does not provide you with all the advice and information you would need to create and register the document so do ensure you take legal advice from our Solicitor at Bequeathed when wishing to create one of these documents.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a power of attorney, which subject to conditions
and safeguards , continues to be in force even after the maker of the power (called “the
Donor) becomes mentally incapable of handling his or her affairs , provided that it is
registered with the organisation that is known as the Office of Care & Protection.
What is the purpose of an Enduring Pow er of Attorney?
To enable people, while they are s till mentally capable, to nominate someone to deal
with their affairs, after they become mentally incapable.
When can a pow er be made?
A power can be made at any time after the 10 April 1989 (the date on which the
Enduring Power of Attorney (Northern Ireland) Order 1987 came into force) but must
be made while the Donor is still mentally capable of understanding what the Enduring
Power is and what it is intended to do.
What form must the power take?
An Enduring Power of Attorney made on or after 10 April 1989, must be in the exact
form prescribed by the Enduring Powers of Attorney Regulations (Northern Ireland)
1989.
Can a Donor make more than one Enduring Power of Attorney?
Yes . Some Donors may choose to make several Enduring Powers appointing different
Attorneys to do different things.
The following links provide some further information. If you wish to know more and further want to set one of these documents up, we at Bequeathed can assist.