When a loved one or someone close to you can no longer make decisions relating to their personal affairs it’s important someone is appointed and ready to step into represent that person.

The Protection of Personal and Property Rights Act 1988 (PPPR) enables people to apply to the Family Court to be appointed as a welfare guardian and/or a property manager of a person lacking in capacity to enable decisions to be made in the best interests of that person.

The most common orders that can be granted under the PPPR are an Order for Appointment of Welfare Guardian and an Order to Administer Property.

The Order for Appointment of Welfare Guardian relates to the welfare of a “subject person”. If a person’s application to the Family Court is successful they will be referred to as a welfare guardian – able to make decisions for the subject person regarding their personal care, which includes medical care and where they are to reside.

The Order to Administer Property relates to the property of the subject person. If a person’s application to the Family Court is successful they will be referred to as a property administrator – able to make decisions for the subject person regarding property (such as physical property and money).

If any item of property is worth more than $5000 or the total income received annually is more than $20,000, a specific order is required to be obtained for a person to be appointed to manage that specific property.

Both Orders require an application and affidavits to be completed and filed in the Family Court before a lawyer for the subject person can be appointed. The application can either be unopposed, or opposed, whereby a hearing is required. 

This is a lengthy process, therefore it is recommended you seek legal advice to ensure you avoid any headaches down the track.