The Protection of Personal and Property Rights Act provides a way to protect the personal and property rights of people who are not capable of managing their own affairs. In particular the Act allows an individual to grant an Enduring Power of Attorney (EPOA) to a person or people and gives the Family Court power to make orders for the appointment of a Welfare Guardian and/or Property Managers. You might hear lawyers refer to the Act as ‘PPPR’ or ‘Triple PR’.
There are two types of EPOAs: personal care and welfare, and; property. An EPOA for Personal Care and Welfare gives another person the power to make decisions about the named individual’s (called the ‘Subject Person‘) health and welfare if they become unable to make those decisions themself. An EPOA for Property gives another person full control of the subject person’s money and property if they become unable to do so themself. Both are legal documents and must be drawn-up while the subject person is legally competent and capable of clearly indicating their intentions.
If an individual loses capacity and has not made an Enduring Power of Attorney, then family (or in some instances an organisation, such as a hospital) may apply to the Family Court for an Order under the PPPR Act to have a Welfare Guardian and/or Property Manager(s) appointed. Once the Order is made then the Welfare Guardian may make any and all decision around personal care for the subject person, and the Property Manager(s) may make decisions around property and money.
The Family Court has many other options, including appointing a guardian ad litem (Litigation Guardian) to represent the subject person in court proceedings; ordering that a parent makes suitable arrangements for the personal care of a child after the parent’s death; that an individual be provided with specific living arrangements, medical advice or treatment; and that certain educational, rehabilitative, therapeutic, or other services be provided. In addition, a Judge may order that a subject person shall not leave New Zealand without permission except in certain conditions specified by the Family Court.
Legal Aid is available for this type of matter, and you should talk to Portia’s Legal Response Team to get an indication of cost. If you are ineligible for government-subsidised assistance, we can provide you a fixed fee for most of this work, which will give you peace of mind.
A Welfare Guardian makes decisions on behalf of a person in relation to all aspects of that person’s personal care and welfare, this includes decisions relating to the person’s health, living arrangements and general care. They cannot make decisions that relate to financial or property matters. Welfare Guardians are responsible for support and protection of a person. They must act in the best interests of the person they are guardian of.
Under the PPPR Act, when making and carrying out decisions, Property Managers must:
The Family Court can’t appoint a Property Manager just because the person whose property will be managed has made some decisions about their property that you don’t agree with. However, a Judge can consider whether a person has been influenced in the management of their property or finances when it makes an Order to appoint a Property Manager.
You’ve done your research, does that make you an expert? Sadly not. The information Portia has presented here just scratches the surface. EPOAs and the PPPR Act are both very complex and have a lot of case law attached to them. Speaking to a lawyer before making any decisions or attempting to do this yourself is highly recommended!
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