Mental health and Incapacity

Protecting loved ones’ property, money and welfare when they no longer can themselves

PPPR: Protection, Personal and Property Rights

The PPPR Act presumes that a person is competent, however where the person lacks, or partially lacks, capacity certain steps can be taken to protect their personal welfare and their property.

The Act's primary objectives are::

To make the least restrictive intervention possible in the life of a person, having regard to the degree of that person’s incapacity.
To enable or encourage that person to exercise or develop the capacity they have to the greatest extent possible.

There are many Orders that a Court can make.

Most are for a specific and limited purpose, such as providing a person with specified education, rehabilitation or therapy, providing a person with specified living arrangements, provide that a person leave New Zealand on certain specified conditions.

There are two significant and wide reaching orders that can be made, namely a Welfare Guardian and a Property Manager.

Welfare Guardian

A Welfare Guardian is a person who makes important welfare decisions for an incapacitated person.

These decisions would be much like the important decisions a parent would make for a child. For example the decision may relate to a person’s place of residence, medical care or an overseas holiday to see family.

The first and paramount consideration of a welfare guardian shall be the promotion and protection of the welfare and best interests of the person for whom the welfare guardian is acting.

Property Manager

A Property Manager is just as it sounds. It is a person who deals/manages an incapacitated person’s property.

There may be investments to manage, rental property, or simply a person’s pension and their living expenses to be paid.

The first and paramount consideration of a manager shall be to use the property in the promotion and protection of the best interests of the person for whom the manager is acting.

Separation | Dissolution | Property | Children | Guardians | Domestic violence