Council to write to Minister on Lasting Powers of Attorney

Derry and Strabane Council is to write to the Minister for Health asking him to support those with serious mental health issues and their families in relation to Lasting Powers of Attorney. 
By The Newsroom
Published 5th Jan 2021, 16:03 BST
The Council will write to the Minister.The Council will write to the Minister.
The Council will write to the Minister.

The motion was brought forward by SDLP Councillor Sean Mooney who addressed Members at the December meeting.

Colr. Mooney said local residents had asked him why can’t people here avail of some of the provisions that are currently in place in England and Wales.

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He said: “By way of background, Powers of Attorney and Enduring Powers of Attorney already exist in this jurisdiction as I’m sure everyone will know. The difference between the two is that Power of Attorney can be activated now, whereas Enduring Power of Attorney can only be activated when the person loses mental capacity to look after their own affairs. Upon further enquiry, it came to my attention that provisions are currently in place under the Mental Capacity NI Act 2016, but the only provisions in it at this moment are for deprivation of liberty, or what is commonly known as being sectioned, and this commenced on December 2 last year.

“The provisions for health and welfare within the Act have been provided for in Part 5, sections 97 to 111 of which provided for Lasting Powers of Attorney, but they have not been commenced yet. Upon checking with the Department of Health there is no clear timeline for this to happen soon.

“At present health and welfare decisions in this jurisdiction will be made on what is known as a ‘best interest basis’ and this will include doctors, social workers, with input from the family or those who are close to the person. With care decisions there is also a financial dimension too, so whoever holds the purse strings might have a greater say. 

“The health and welfare component will provide the donor the ability to appoint another person to make decisions on their behalf in relation to health and welfare matters. The benefits are that this will allow the donor to keep control, protect their own interests, avoid conflict amongst family members, save time and money and to be prepared for the future. 

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“These provisions have been provided for but simply have not been commenced yet by the Department. Constituents who contacted me feel it is time they were brought into force to allow them to avail of this facility for essential future planning.”

All members were in agreeance, stressing the importance of providing people with certainty and a timeline for the implementation, and the motion was passed.

By Gillian Anderson

Local Democracy Reporter

Related topics:CouncilStrabane CouncilDerrySDLP