Enduring Powers of Attorney

Plan Ahead and Protect Your Future

An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself. This could be due to illness, injury, or age-related conditions such as dementia. Without an Enduring Power of Attorney in place, your family may face significant legal hurdles and expense to manage your affairs.

At Mallon & Co Solicitors, we help individuals and families across Mid Ulster and the North Coast/Coleraine put the right protections in place. We explain your options clearly and prepare the documentation to ensure your wishes are properly recorded and legally valid.

Types of Power of Attorney in Northern Ireland

An Enduring Power of Attorney (EPA) is the most commonly used form of Power of Attorney in Northern Ireland. Unlike an ordinary Power of Attorney, an EPA remains valid even after you lose mental capacity. It allows your chosen attorney to manage your financial affairs and property on your behalf.

We will advise you on whether an EPA is appropriate for your situation, help you choose the right attorney, and ensure the document is correctly drafted and executed.

Why You Should Act Now

A Power of Attorney can only be created while you still have mental capacity. If you wait until capacity is lost, it will be too late, and your family may need to apply to the Office of Care and Protection — a process that is more costly, more time-consuming, and more stressful. By putting an EPA in place now, you are giving yourself and your family peace of mind for the future.

Frequently Asked Questions

Q: What is an Enduring Power of Attorney?

A: An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint a person (your attorney) to manage your property and financial affairs. Crucially, it continues to be effective even if you lose mental capacity.

Q: When should I make an Enduring Power of Attorney?

A: The best time is now, while you have full mental capacity. Many people make a Power of Attorney at the same time as preparing their will. It is a simple process that can save your family enormous difficulty in the future.

Q: What happens if I don’t have an Enduring Power of Attorney and lose capacity?

A: Your family or loved ones will need to apply to the Office of Care and Protection for authority to manage your affairs. This process involves court proceedings, can take many months, and is considerably more expensive than putting an EPA in place in advance.

Q: Can I choose more than one Attorney?

A: Yes. You can appoint multiple attorneys to act jointly (together) or jointly and severally (independently). We will advise you on the best approach for your circumstances.