Claire Sugden

Ms Sugden, who chairs the Northern Ireland Assembly’s All-Party Group on Ageing and Older People, told ministers to consider introducing something similar to lasting powers of attorneys (LPAs) in England and Wales.

EPAs allow individuals to appoint someone to manage their financial affairs if they lose capacity — but, unlike LPAs, do not cover health and welfare decisions.

Ms Sugden said the need for reform “is compounded by the incomplete implementation of the Mental Capacity Act (Northern Ireland) 2016”.

“Designed to create an integrated framework for decision-making across financial, health, and welfare matters, the Act remains partially enacted nearly a decade after becoming law,” she said.

“This has left Northern Ireland behind England and Wales, where lasting powers of attorney provide a comprehensive mechanism for delegating both financial and healthcare decisions. 

“LPAs in England and Wales offer robust safeguards, including independent verification to ensure decisions are made freely and with full understanding. They provide families with clear authority to act during critical times, offering flexibility to appoint trusted representatives for both health and financial matters.

“In contrast, Northern Ireland’s outdated EPA framework lacks these protections, leaving families vulnerable to delays and disputes in healthcare provision.”

She added: “Older people have been left vulnerable, uninformed and open to forms of domestic abuse because of our outdated system. This is especially important because of the conversations around healthcare provision and the assisted dying debate. 

“The disparity also extends to costs, with the £151 fee to register an EPA in Northern Ireland significantly higher than the £82 fee for registering an LPA in England and Wales. This financial burden disproportionately affects low-income families, creating an unnecessary barrier to accessing vital legal protections. 

“As chair of the All-Party Group on Ageing and Older People, I urge ministers to prioritise the needs of older people by replacing EPAs with a modern LPA system that incorporates health and welfare decisions.

“Reform must address these inequalities, introduce modern safeguards, and ensure people can delegate decisions about their health, welfare, and finances. 

“They have already failed our older generations by omitting them from the draft programme for government, despite now living in an ageing society. It’s time for Northern Ireland to catch up and deliver a system that respects the dignity and security of all.”