When They Don’t Have the Capacity to Decide, You Can Step In to Help

When they don’t have capacity to decide – you can step in to help

Watching loved ones lose their mental capacity is tough. Suddenly, simple things like paying bills, choosing care, and making medical decisions become overwhelming questions. If a loved one is losing the ability to make or communicate their own decisions, you need the legal authority to help them. If you’re facing these challenges right now, the good news is that there is a way forward.

• Has your loved one lost full or partial capacity to make or communicate their decisions?
• Is it too late for your loved one to execute an enduring power of attorney?
• Are you concerned with what’s happening with their property and personal welfare?

Under the Protection of Personal and Property Rights Act 1988 (PPPR), you may be able to apply to the Family Court to be appointed as a property manager, a welfare guardian, or both, for your loved one.  That gives you the legal authority to act in their best interests when needed.

A property manager ensures finances, assets, and other obligations are handled responsibly. Depending on what assets and liabilities your loved one has and what powers are granted to you by the Court, your obligations may involve paying bills, selling or acquiring properties, and making investment decisions. A property manager must fulfil certain legal duties, such as consulting with your loved ones, as far as practicable, with other individuals or groups that have an interest in your loved ones’ welfare, and with the appointed welfare guardian if that’s not you.  A property manager also has to file management statements with the Court, which are reviewed by the Public Trust to ensure that everything has been managed properly.

A welfare guardian makes important decisions about care, health, and living arrangements. This isn’t about taking control, it’s about protecting your loved ones’ dignity, wishes, and quality of life.

We can help.  The application process can feel daunting, especially when emotions are already high. That’s where the right legal guidance makes all the difference. With experienced support, you can move through the PPPR application process smoothly, avoid delays, and feel confident that you’re doing the right thing for your loved one.

You don’t have to figure this out all on your own. Getting the right help can ease the burden, reduce stress, and allow you to focus on other more important things like being present for your loved ones.

If you would like someone to help you with this process we’re here to help you every step of the way. Contact Kathy Quan at Henderson Reeves –   09 281 3723 of by email .