Planning ahead is one of the most important steps you can take to protect yourself and your loved ones. A Drafted Enduring Power of Attorney (EPA) allows you to appoint someone you trust to manage your financial and property affairs if you lose the ability to do so yourself. By putting this document in place while you have full mental capacity, you stay in control of who acts on your behalf and how your affairs are handled. Without an EPA, your family may face delays, stress, and unnecessary expense through the courts.
At enduringpowerofattorney.com, we make drafting your EPA straightforward and stress-free. Our experts guide you through the process, explain your options clearly, and ensure your document is tailored to your circumstances and fully compliant with Northern Ireland law.
Drafting an Enduring Power of Attorney
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint one or more trusted individuals—known as attorneys—to manage your property and financial affairs if you become unable to do so yourself. Unlike an ordinary power of attorney, which automatically ends if you lose mental capacity, an EPA is designed to “endure,” meaning it continues to be valid even if you can no longer make decisions independently.
In Northern Ireland, an EPA covers financial and property matters only. This can include paying bills, accessing bank accounts, collecting benefits or pensions, and even selling property if required. It does not extend to decisions about personal welfare or medical treatment.
To be valid, an EPA must be created while you still have full mental capacity. If, in the future, you begin to lose capacity, the EPA must be registered with the Office of Care and Protection before it can be used. This process ensures your wishes are safeguarded and that your attorney is legally authorised to act on your behalf.
By putting an EPA in place, you retain control over who manages your affairs and provide peace of mind and security for your loved ones.
Who needs an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is valuable for almost everyone, not just the elderly or those in poor health. Life is unpredictable, and an accident, illness, or loss of capacity can happen at any stage. Having an EPA in place ensures that, if you can no longer manage your financial or property affairs, someone you trust will be legally empowered to step in and act on your behalf.
An EPA is especially important if you own property, have savings, receive a pension, or want to make sure your financial matters are handled smoothly without burdening your family. It is also vital if you are single, live with a partner who is not your spouse, or want to choose who manages your affairs rather than leaving it to the courts.
By setting up an EPA in advance, you safeguard your wishes and provide security for your loved ones.
When should you consider drafting an Enduring Power of Attorney?
Many people believe that an Enduring Power of Attorney (EPA) is something to think about only later in life, when age or health issues become a concern. In reality, the best time to draft an EPA is as early as possible, while you are fit, healthy, and have full mental capacity. Life can be unpredictable—accidents, illness, or unexpected changes in circumstances can affect anyone at any stage. By setting up an EPA early, you remain firmly in control of who will manage your finances and property if you ever need help in the future.
Waiting until you are older or unwell can create complications, and if you lose capacity without an EPA in place, your loved ones may face the stress, delay, and expense of applying to the courts. Creating an EPA now provides certainty, peace of mind, and lasting protection for both you and your family.
What happens if I don’t have an Enduring Power of Attorney?
If you lose mental capacity without an Enduring Power of Attorney (EPA) in place, no one automatically has the legal right to manage your property or financial affairs—even close family members. Instead, your loved ones may need to apply to the Office of Care and Protection to be appointed as a “Controller.”
This process can be lengthy, stressful, and expensive. It also means the court decides who is appointed to act on your behalf, rather than you choosing someone you trust in advance. In many cases, this delay can leave bills unpaid, accounts frozen, and important financial decisions on hold at a difficult time for your family.
By creating an EPA while you still have capacity, you remain in control of who will handle your affairs and ensure that everything can be managed smoothly, avoiding unnecessary strain for those you care about.