When an individual loses capacity without having signed enduring powers of attorney, it might be necessary to apply to the Family Court for orders to appoint someone to manage their affairs. These appointees, known as welfare guardians and property managers, are appointed under the Protection of Personal and Property Rights Act 1988 (PPPRA).

Role of Welfare Guardians and Property Managers

Welfare Guardians:

Welfare guardians make decisions regarding the personal care and welfare of the subject person, who is unable to manage their own affairs due to age, illness, or disability. Their responsibilities include decisions about healthcare, accommodation, and daily activities to ensure the well-being of the subject person. They must act in the best interests of the subject person, considering their wishes, values, and beliefs.

Property Managers:

Property managers handle the financial affairs of the subject person. This includes managing bills, investments, and property matters. Like welfare guardians, property managers are required to act in the best interests of the subject person and adhere to the guidelines set out by the PPPRA.

Protection of Personal and Property Rights Act 1988 (PPPRA)

The PPPRA outlines the criteria for appointing welfare guardians and property managers, ensuring they are accountable and provide protection for those under their care. It stresses the importance of respecting the wishes and dignity of the subject person, emphasizing the role of these appointments in upholding the rights and well-being of vulnerable individuals in New Zealand.

Responsibilities and Obligations

It is crucial for those appointed as welfare guardians or property managers to understand their obligations. This includes meeting any review and reporting requirements as mandated by the PPPRA. Proper adherence to these responsibilities ensures the protection and best interests of the subject person.

Get Professional Advice

If you need to apply for a welfare guardianship or property management order, consulting with a legal professional is essential. They can guide you through the application process and ensure that all legal requirements are met. Leading law firms offer fixed-price initial consultations to help you understand your options and responsibilities under the PPPRA.