This book is only available in PDF format

Author: Helen Tyree
Published: 4 September 2024
Pages: 19

Introduction

The Protection of Personal and Property Rights Act (the Act) sets out methods for determining who will be responsible for decision making for someone when they have lost capacity to make decision for themselves.

The work we as lawyers undertake pursuant to the Act is therefore important and profound, for the following reasons:

(1) Those who lack capacity are by definition vulnerable and their interests need to be
protected;
(2) The orders that can be made pursuant to the Act can have the effect of removing
someone’s right to make even the most basic decisions about their own life;
(3) The proceedings can make a huge difference in how someone lives the remainder of their life.

The Act provides for two broad situations, the first being when a person has lost capacity without having a Power of Attorney in place, and another person must make applications to the court for appointment to the role of decision maker. The second is when a person still has capacity and wishes to nominate their decision maker themselves (Powers of Attorney). This paper provides practical guidance on what to consider when making applications to guard against potential future issues.

Content outline

• Making applications pursuant to the Act
• Making the application
• Who should make the application and who should be appointed?
• What needs to be filed with the court
• Once orders are made
• Powers of Attorney