Question 1

What are the costs involved in Planning Ahead?

Accepted Answer

The majority of Advance Care Planning costs nothing but your time. Recording your
personal care preferences, funeral wishes, and spiritual values is completely free.

However, formal legal documents such as Enduring Power of Attorney (EPA) or a
Will generally have professional fees attached.

• If cost is a concern: Look out for "Free Wills Month" campaigns where
solicitors waive fees for charitable donations.

• Shop Around: Solicitor fees vary across Northern Ireland, so it is always
acceptable to ask for quotes.

You can record your wishes using the following guides and templates:
• MacMillan’s ‘Your life and your choices: plan ahead Northern Ireland’,
please click here.(https://www.macmillan.org.uk/cancer-information-and-support/stories-and-media/booklets/advance-care-planning-ni)
• Marie Curie’s ‘Your Plans and Wishes’, please click here.(https://www.mariecurie.org.uk/document/planning-ahead-checklist)
• MEAPP and Compassionate Communities NI’s ‘My Peace of Mind Planner’,
please click here.(https://www.compassionatecommunitiesni.com/resources/peace-of-mind-planner)

Question 2

Can an Enduring Power of Attorney make decisions about my medical or welfare care?

Accepted Answer

No. In Northern Ireland, an Enduring Power of Attorney (EPA) only covers financial
and property matters (like paying bills, managing bank accounts, or selling your
home). It gives your Attorney no legal power to make decisions about your medical
treatment, where you live, or your personal care.

So, who decides? If you are unable to make a decision for yourself, doctors and
social workers have a legal duty to act in your "Best Interests".

• Consultation: They will consult your loved ones (often referred to as "Next of
Kin" to understand what you would have wanted, but your family does not
have the final legal say.

• Your Voice: This is why writing down your personal wishes in a "Plan Ahead"
document is so important - it gives your family evidence of what you want,
and ensures healthcare professionals understand your preferences.

Question 3

Is a solicitor required to create a Plan?

Accepted Answer

You do not need a solicitor for the entire process, but they are recommended for
specific parts.

• No Solicitor Needed: You can record your personal wishes, funeral music,
organ donation preferences, and care choices yourself.

• Solicitor Recommended: For an Enduring Power of Attorney or a Will.
Small errors in wording or witnessing can render these documents invalid,
which can cause significant difficulties for your family later.

Further information on:

o Appointing an Enduring Power of Attorney is available here.(https://lawsoc-ni.org/assets/general/files/Consumer-Guide-to-EPA_2024_111024.pdf)
o Making a Will is available here.(https://lawsoc-ni.org/assets/general/files/Consumer-Guide-to-Making-a-Will_2024_221024.pdf)

Question 4

How will my future care or death affect my home and those living with me?

Accepted Answer

Many people worry about their family losing their home. The rules depend on
whether you rent or own:

• If you rent (Social Housing): Tenancies do not automatically end when you
die. A spouse, partner, or family member who has lived with you for at
least 12 months can often take over the tenancy through a process
called Succession. Ensure your landlord or housing body has an up-to-date
record of everyone currently living in your property.

• If you own your home: If you need to move into residential care, the value of
your home is usually considered for fees. However, your home
is disregarded (ignored) if a spouse, a relative over 60, or a disabled relative
still lives there.

o Social Housing Succession, please click here.(https://www.nihe.gov.uk/my-housing-executive/advice-for-housing-executive-tenants/ending-your-tenancy)
o Paying for residential or nursing care, please click here.(https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/do-i-have-to-sell-my-home-to-pay-for-care/)

Question 5

Are the wishes written in my Plan legally binding?

Accepted Answer

It depends on which part of the Plan you are looking at.

• Legally Binding: A valid Will (regarding property/assets) and a
valid Advance Decision to Refuse Treatment (ADRT) are legally binding.
Doctors and families must follow a valid ADRT.

• Guidance: Your personal preferences (e.g., wanting to die at home or
refusing minor interventions) are not strictly legally binding, but they are
crucial. They act as a guide for doctors and families to make decisions in
your Best Interests if you cannot speak for yourself.

o Advance Decision to Refuse Treatment( ADRT), please click here.(https://20f02787-6eda-46e4-958b-12e8d152cbaa.filesusr.com/ugd/a55094_dac2739149cd4f92bee22ec4ba199809.pdf)

Question 6

Is this approach recognised by the Department of Health?

Accepted Answer

Yes. Our resources and workshops align directly with the Department of Health’s official
policy, "Advance Care Planning: For Now and For the Future" (launched October 2022).

We use the same four-part framework (Personal, Legal, Clinical, and Financial) to ensure
your plan is comprehensive and recognised by health and social care professionals across
Northern Ireland. We are also a partner in delivering the community element of this strategy.

Department of Health Policy: ‘Advance Care Planning: For Now and For the Future’,
and Level 1 e-learning module please click here.(https://www.health-ni.gov.uk/articles/advance-care-planning-now-and-future)

Question 7

What is the ReSPECT process?

Accepted Answer

You may hear healthcare professionals mention ReSPECT (Recommended Summary Plan
for Emergency Care and Treatment). This is a clinical process being rolled out across
Northern Ireland to create personalised recommendations for your care in an emergency
(e.g., whether you would want CPR).
While ReSPECT is a clinical document completed with a doctor or nurse, your conversations
will help get clear on your wishes before you have that medical appointment.

**More information pending**

Question 8

Will the law change to allow Power of Attorney for health decisions?

Accepted Answer

Currently, an Enduring Power of Attorney (EPA) in Northern Ireland only covers financial
decisions. However, the Mental Capacity Act (NI) 2016 contains provisions for a Lasting
Power of Attorney (LPA), which would allow you to appoint someone to make decisions
about your health and welfare.

This part of the legislation has not yet been fully implemented for the general public. We
monitor these legal changes closely and will update our guidance as the new system comes
into full effect.

Department of Health: Mental Capacity Act (NI) 2016 information, please click
here.(https://www.health-ni.gov.uk/topics/mental-capacity-act)

Plan Ahead

Advance Care Planning in Northern Ireland

The information on this site is specific to Northern Ireland and may not be applicable in England, Scotland or Wales.

My Peace of Mind Planner

Your Checklist for Planning Ahead

Enduring Power of Attorney (EPA) Form

Record of My Wishes

Advance Decision to Refuse Treatment

Your Life, Your Choices

My Wishes & Plans (Marie Curie)

Videos on Advance Care Planning in Northern Ireland

Power of Attorney, Northern Ireland

Power of Attorney, Northern Ireland

Have You Reviewed Your Will in Northern Ireland?

One of the top reasons for illegal borrowing in Northern Ireland. Funeral Plans

What is Advance Care Planning in Northern Ireland?

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