The PPPR Act 1998
The Family Court will make decisions on behalf of the Subject Person. Once appointed, Property Managers can make financial, and legal decisions related to financial matters, on behalf of the Subject Person.
Welfare Guardians can make decisions on personal, health and lifestyle matters as well as other legal matters not related to the Subject Person’s finances or property.
What happens if a person loses capacity and has not made an Enduring Power of Attorney?
Sometimes in life, people lose the capacity to make decisions for themselves. The Protection of Personal and Property Rights Act 1988 (PPPR ACT 1988) provides a mechanism for decisions to be made on behalf of the Subject Person if they lose capacity due to accident, illness or age.
What is Impaired Capacity?
A person may have impaired capacity if they are unable to understand, make or implement a decision. Three parts to the decision-making process have been identified:
- Understanding the nature and effect of the decision
- Deciding freely and voluntarily
- Communicating the decision in some way whether orally, in writing or other methods of communication, such as sign language
The complexity of decisions the Subject Person may be faced with, can vary and so too can their capacity for decision making. Hence, the Subject Person may be able to cope with some decision making tasks and not others.
Moreover, a person’s capacity to make the same decision may vary over time depending on the nature of their disability.