Power of Attorney Northern Ireland Cost: EPA and Controllership Fees Explained
Power of Attorney Northern Ireland Cost: EPA and Controllership Fees Explained
Setting up legal authority for an aging parent in Northern Ireland involves court fees, potential solicitor costs, and — if you end up needing Controllership — ongoing annual charges that can run for years. The difference between acting early with an EPA and being forced into Controllership after capacity is lost can be thousands of pounds.
Here is every cost you need to know.
EPA Costs: The Affordable Route
Creating and registering an Enduring Power of Attorney is the cheaper path, but only available while your parent still has mental capacity.
Drafting the EPA
The EPA form itself is free — it is a prescribed statutory document. However, most families use a solicitor to draft it properly, and Northern Ireland solicitor fees for EPA preparation typically range from £200 to £500 plus VAT, depending on the complexity of the estate and the number of attorneys being appointed.
You can draft the EPA yourself using the form prescribed by the 1989 Regulations, but any error in the wording, signing order, or witness arrangements will make the document invalid.
OCP Registration Fee
When the attorney registers the EPA with the Office of Care and Protection, the court charges £189. This fee is payable by cheque to "NICTS" and is submitted with the EP2 application form and the original EPA document.
Fee waiver: the £189 registration fee may be waived if the donor receives means-tested benefits (such as Pension Credit Guarantee Credit), if their care home fees are fully funded by an HSC Trust, or if the residential property is their sole asset.
Other EPA Court Fees
- EP3 (court-directed EPA application): £326
- EP4 (register search): £33
- EP4 (certified copy of registered EPA): £17
Total EPA Cost
For a straightforward case: £189 court fee plus £200–£500 if you use a solicitor for drafting. Total: roughly £389 to £689.
Controllership Costs: The Expensive Route
If your parent has already lost mental capacity and no EPA exists, you must apply for a High Court Controllership Order. This is dramatically more expensive — both upfront and ongoing.
Upfront Application Fees
- Commencement fee: £326 (waived if the parent's clear annual income is under £1,000)
- Controller appointment fee: £189 (charged when the court formally appoints the Controller)
- Medical certificate: variable — the parent's GP or psychiatrist charges a private fee for the formal cognitive assessment required by the OCP. Expect £100 to £300
Ongoing Annual Fees
Once appointed, the Controller pays the OCP an annual administration fee for court supervision:
- £407 per year if the patient's funds are managed outside court
- £570 per year if funds are held by the Court Funds Office
Additionally, the Controller must take out a security bond — an insurance policy protecting the patient's estate from financial mismanagement. Annual premiums are paid from the patient's funds and vary based on estate value.
Solicitor Fees for Controllership
Many families hire a solicitor to handle the Controllership application. Post-June 2025 statutory rates for uncontentious OCP work:
- Category I (appointment): £1,368 plus VAT and outlays
- Category II (annual accounts): £363 plus VAT and outlays
- Category III (solicitor acting as Controller): £1,187 plus VAT
These fees are deducted directly from the patient's estate.
Total Controllership Cost
First year alone (without solicitor): £326 + £189 + medical certificate + security bond premium + £407 annual fee = approximately £1,000 to £1,500 depending on estate size.
With a solicitor: add £1,368 plus VAT for appointment work. Ongoing annual costs of £770+ (court fee plus bond premium, plus £363+ if a solicitor prepares accounts).
Over a five-year period, Controllership can easily cost the patient's estate £5,000 to £10,000 — money that could have been saved with a £189 EPA registration.
The Bottom Line
An EPA set up while your parent has capacity costs under £700 total, with no ongoing fees. Controllership — the only option once capacity is lost — starts at over £1,000 and charges the estate every year for as long as the order is in force.
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