Litigation &
Dispute Resolution
Protection of Personal & Property Rights (PPPR) Applications
Helping protect those who need assistance
There are times when a person may no longer be able to make decisions about their personal care, welfare, or financial affairs due to illness, injury, age, or incapacity. This can be an incredibly difficult time for families, particularly when important decisions need to be made and there is no Enduring Power of Attorney in place.
At Smith and Partners, we help families understand the legal options available to protect vulnerable loved ones and ensure appropriate arrangements are put in place for their ongoing care and financial wellbeing.
What is a PPPR application?
The Protection of Personal and Property Rights Act 1988 (PPPR Act) allows the Court to appoint someone to make decisions on behalf of a person who no longer has the capacity to manage their own personal care, welfare, or property.
Depending on the circumstances, the Court may appoint:
- A Welfare Guardian to make decisions about personal care and wellbeing.
- A Property Manager to manage financial affairs and property.
These appointments are designed to protect vulnerable individuals while ensuring decisions are made in their best interests.
Common matters we can assist with
Our team regularly advises clients on matters including:
- Protection of Personal and Property Rights (PPPR) applications
- Welfare Guardian applications
- Property Manager applications
- Concerns about an Enduring Power of Attorney
- Supporting elderly or vulnerable family members
- Applications where a person has lost mental capacity
- Court applications relating to personal care or financial management
Every situation is unique, and the most appropriate legal solution will depend on the individual's circumstances and level of capacity.
When should you seek legal advice?
Families often seek advice when they realise a loved one is no longer able to safely manage their own affairs and there is no legal authority for someone else to step in.
Seeking advice early can help you:
- Understand the options available
- Determine whether a PPPR application is appropriate
- Prepare the necessary Court documentation
- Protect your loved one's interests
- Navigate what can be a difficult and emotional process with confidence
How Smith and Partners can help
Our Wills, Trusts & Estates team works closely with families to guide them through PPPR applications with care, compassion, and practical advice.
We understand that these matters are often sensitive and emotionally challenging. Our role is to explain the process in plain English, help you understand your responsibilities, and support you every step of the way.
If you're concerned that a loved one is no longer able to manage their own affairs, contact Smith and Partners to discuss your situation and learn how we can help.
Carolyn Ranson
Director
Rachael Chandra
Senior Associate
Natalie Miller
Associate
Georgina Inwood
Graduate Law Clerk
Marie Hansen
Special Counsel
Deborah Sylvester
Personal Assistant
Frequently Asked Questions
What is a PPPR application?
A Protection of Personal and Property Rights (PPPR) application allows the Court to appoint someone to make decisions for a person who can no longer manage their own personal care, welfare, or financial affairs due to incapacity. Depending on the circumstances, the Court may appoint a Welfare Guardian, a Property Manager, or both.
When is a PPPR application needed?
A PPPR application may be appropriate when a person has lost the mental capacity to make important decisions and there is no valid Enduring Power of Attorney in place, or where an existing Enduring Power of Attorney is unable to be used. Every situation is different, and we can help you determine whether a PPPR application is the most appropriate option.
Who can apply to become a Welfare Guardian or Property Manager?
In many cases, a close family member or another suitable person can apply to the Court to be appointed as a Welfare Guardian or Property Manager. The Court will consider what is in the best interests of the person concerned before making a decision.
Can a PPPR application be made if there is already an Enduring Power of Attorney?
Sometimes. If there are concerns about how an Enduring Power of Attorney is being exercised, or if it does not cover the decisions that need to be made, the Court may still need to become involved. We can review your circumstances and advise on the most appropriate course of action.
How long does a PPPR application take?
The timeframe will depend on the complexity of the application, the availability of medical evidence, and the Court's schedule. Some applications can be dealt with relatively quickly, while others may take longer if there are objections or additional information is required. We can guide you through the process and keep you informed at every stage.
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