If a family member has lost capacity and does not have an Enduring Power of Attorney in place, an application can be made under the Protection of Personal and Property Rights Act 1988 to the Family Court for the Court to formally appoint a family member to act on behalf of the person who has lost capacity.
Protection of Personal and Property Rights Act Applications
Our team have experience in preparing these applications
There are three types of applications:
- Property Manager This application is made where the person’s assets are over $5,000.00 and their annual income is over $20,000.00. The person appointed has the authority to deal with person’s property and sign documentation on their behalf.
- Property Administrator This application is made where the person’s assets are under $5,000.00 and their annual income is less than $20,000.00. The person appointed has the authority to deal with the person’s property and sign documentation on their behalf.
- Welfare guardian This application gives the person appointed the authority to make medical decisions on behalf of the family member.
There are only certain people who can apply and they must be over the age of 20 years. Otherwise the Public Trust will be appointed by the Court to act.
Orders made by the Court are only for a set timeframe, meaning the order needs to be renewed by the Court before it’s expiry. Yearly reporting obligations are placed on a Property Manager and a financial report must be filed in the Court which is reviewed by the Public Trust.
An application can be made in a situation where a person’s loss of capacity is not permanent, for example where the person has had a stroke but there is a possibility that the person will recover their facilities in due course.