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Elder Law

Lost mental capacity

If a person does not have capacity to handle their own affairs and they do not have valid enduring powers of attorney in place (the “subject person”), applications can be made to the Family Court under the Protection of Personal Property and Rights Act 1988 (the “PPPR Act”) for someone to be able to deal with the subject person’s property and make decisions for and in respect of the subject person’s welfare.

The types of applications that can be made under the PPPR Act include:

A medical report is required as evidence that the subject person is wholly or partly unable to manage their own affairs, as part of the application.

On receiving an application under the PPPR Act, the Family Court will appoint a lawyer for the subject person to review the application, to ensure that the applicant is a suitable person to be appointed to look after the subject person is affairs.

An appointed property manager is required to provide financial statements (in respect of the subject person is assets, income, liabilities and expenditure) at the beginning and end of the property managers appointment and every year during the management period.

Any orders are subject to time limits and applications are usually required to be renewed every three years.

If you wish to speak to one of our lawyers about applications under the PPPR Act contact Wendy Dewes, Lesley Grant or Joanne Davies.