A Protection of Personal and Property (PPPR) order is an important tool to protect someone who can no longer manage their own affairs or make decisions about their personal care and welfare and/or property. Like an enduring power of attorney, PPPR orders allow someone trustworthy to step in and make decisions in the person’s best interests.
What is a PPPR Order?
PPPR orders are made under the Protection of Personal and Property Rights Act 1988. PPPR orders allow the Family Court to appoint someone to make decisions for a person who is not fully capable of managing their own affairs.
There are two types of PPPR orders:
- Personal Orders: These deal with appointing a welfare guardian to make decisions about someone’s living arrangements, medical treatment, or other welfare matters. Only one person can be appointed as a welfare guardian.
- Property Orders: These deal with appointing a property manager or property administrator to manage someone’s finances and property. More than one person can be appointed as a property manager or administrator. It is dependent on the level of income and assets involved as to whether you are appointed as a property manager or administrator. This is further explained below.
When is a PPPR Order Necessary?
A PPPR order is necessary when a person lacks capacity, and they do not have an enduring power of attorney (EPA) in place. This is because no one can legally make decisions on behalf of a mentally incapable person without that person’s authority or the court’s permission.
To determine if someone lacks mental capacity, a doctor must complete an assessment and provide a medical report in the prescribed form. Generally, the test is that a person lacks capacity if they:
- entirely or partly lack the capacity to understand the nature and to foresee the consequences of decisions in respect of matters relating to their personal care and welfare or property; or
- have the capacity to understand the nature and foresee the consequences of those decisions but lack the capacity to communicate these decisions.
How Long is the Process?
The timeframe for obtaining PPPR orders varies depending on the complexity of the case, any objections to the application and the court processing times. The more “straightforward” cases can take a few weeks to months.
The Application Process
1. Determining if PPPR orders are needed
Before applying for PPPR orders, you need to consider whether it is appropriate for the person involved. As above, find out whether they have an EPA in place. It is best to talk to their lawyer to confirm this. If you are unsure if PPPR orders are necessary, we recommend discussing this with a lawyer who can advise you accordingly.
The person applying must consider if they can:
- act in the best interests of the person to protect their welfare and property;
- be trustworthy, responsible and willing to carry out the duties required by law; and
- comply with the PPPR order by regularly reporting to the court with updates on their decisions and actions.
2. Gathering information and supporting evidence
If you are applying for PPPR orders, you are called the ‘applicant’. The person who requires the PPPR orders is called the ‘subject person’. As the applicant, you will need to provide the following detailed information to support your application:
- Subject person’s details: Full name, date of birth, address, current circumstances, assets and liabilities. A copy of the subject person’s bank statements showing their account balances is usually required as supporting evidence.
- Medical evidence: A medical report from the subject person’s doctor confirming they lack capacity. This part of the application is crucial so the court can determine whether PPPR orders are needed.
- Applicant’s details: Contact details, relationship to the subject person and reasons for their application.
- Interested parties: Any individuals such as close family members need to be considered during the application process. If the PPPR orders are unlikely to be contentious then you can notify any interested parties and obtain their consent by way of a consent statement (prepared by your lawyer). Alternatively, in your application you can list the reasons for why the interested parties have not been notified and are unlikely to oppose your application.
Once you have obtained the above information, we can help assess whether an application for a property manager or property administrator is appropriate.
An application for a ‘property administrator’ is appropriate if the subject person’s individual asset value is under $25,000 and their income level is under $38,000. If the subject person’s asset value or income level exceeds these values, then a ‘property manager’ must be appointed.
Property managers have an obligation to file periodic financial statements relating to the subject person’s property. Regular reporting to the court assists in demonstrating that the property manager is acting in the subject person’s best interests. The court sends the financial statements to Public Trust to examine and provide a report on whether the statements are correct.
3. Completing and filing the application documents
A lawyer can assist you with completing the required documents for your application. This will usually include an application, affidavit, information sheet and consent statements. Once the documents are prepared, you will need to sign the documents and affirm or swear your affidavit. At this time, any interested parties can sign their statements consenting to your application.
Once signed, your application can be filed with the Family Court for processing.
4. Appointing a lawyer for the subject person
As part of the process, the court appoints an independent lawyer for the subject person. This lawyer will meet with the subject person and help them understand the application as much as possible. The lawyer will provide a report to the court containing their views and the subject person’s views on your application. They will make recommendations to the court about the suitability of the PPPR orders, if any further medical evidence is required or if any other family members should be consulted.
The Judge considers the lawyers suggestions and any restrictions on what the applicant can do if appointed.
5. Attending a court hearing (if required)
In contentious or complex cases, the court may hold a hearing to assess the application. At the hearing, the Judge will consider the medical evidence, any objections from interested parties and whether the proposed welfare guardian or property manager / administrator is appropriate to be appointed.
If the application is straightforward and uncontested, the court often grants the PPPR order without a hearing or requiring the parties to attend court.
6. Granting the PPPR orders
Upon granting the application, the court will issue the PPPR orders and appoint the welfare guardian and property manager / administrator.
The welfare guardian and property manager / administrator must adhere to the guidelines set out in the PPPR orders including any limits on their powers. As above, property managers must report to the court by filing regular financial statements. It is a criminal offence not to file the required statements. Public Trust can assist property managers by providing guidance and resources for preparing the financial statements.
Contact our Family Law Team
For those unable to make decisions for themselves, applying for a PPPR order is an essential step in ensuring their future protection and care. While the process can seem overwhelming and daunting, our family law team can provide the guidance and careful preparation needed to help you navigate the process.
If you or your family are considering making a PPPR application, please contact us and we can make the process as smooth as possible.
