Page updated on: Thursday March 20, 2008
Planning wisely for the future involves anticipating possible changes in circumstances and probable life events. Such issues include the potential impacts of illness, accident or ageing on a person’s capacity to make decisions and to have full control over their own life. The law provides ways of planning for changes in a person’s capacity and for helping to manage things in a person’s best interests if they have not made plans.
This chapter covers a person’s rights and entitlements under the Protection of Personal and Property Rights Act 1988. This includes looking at how the Act can assist people to plan for the future by granting power of attorney and the difference between an ordinary power of attorney and an enduring power of attorney. It provides information about the powers and responsibilities of an enduring power of attorney for personal care and welfare and for property, what it means to be mentally incapable, and how to end an enduring power of attorney.
This chapter also sets out the types of orders that can be made under the Act when a person loses the capacity to manage their own affairs. This includes looking at personal orders and property orders, and the role of welfare guardians and property managers.
Purpose of the Act
The Protection of Personal and Property Rights Act 1988 (often referred to as the 3PR Act) provides legal ways to assist people who through age, accident or illness are no longer fully able to manage their own affairs. The Act also stresses the importance of people managing their own affairs and making their own decisions wherever possible, and provides ways of helping people to do this.
The Act can help people to plan ahead and prepare for future possibilities by arranging powers of attorney (for information see “Power of attorney” in this chapter).
The Act also provides for the Family Court to make various orders when people lose capacity to make their own decisions. These orders relate to a person’s personal care and welfare and a person’s property (for information see “Orders under the 3PR Act” in this chapter).
Key definitions under the Act
3PR Act
Protection of Personal and Property Rights Act 1988.
Attorney
A person appointed to act on another person’s behalf.
Donor
The person giving power of attorney.
Enduring power of attorney
A power of attorney created under the 3PR Act which continues to be valid after the person giving the power has lost legal capacity.
Estate
The assets a person owns.
Legal capacity
The ability to understand the nature and foresee the consequences of decisions, and/or the ability to communicate these decisions.
Ordinary power of attorney
A power of attorney created under the general law.
Personal order
An order made under the 3PR Act, to protect, preserve or enforce a person’s personal and property rights, where the person is not able to properly do so themself.
Power of attorney
An authority given by one person (the donor) to one or more others to act for him or her in all matters or such specific matters as set out in the Powers of Attorney.
Property manager
A person appointed by the court under the 3PR Act to look after the property rights of a person not able to manage their own affairs.
Trustee company/corporation
A company or corporation to which the Trustee Companies Act 1967 applies.
Welfare guardian
A person appointed by the court, under the 3PR Act to look after the welfare of a person who is unable to properly care for themself.