Making a PPPR Application in New Zealand

When a loved one loses the ability to make important decisions due to age, illness, or disability, it may be necessary to apply for legal authority to manage their personal or financial affairs. In New Zealand, this process is governed by the Protection of Personal and Property Rights Act 1988 (PPPR Act). This article outlines the background and process involved in making a PPPR application.

What is a PPPR Application?

A PPPR application is a legal process used to appoint someone as a welfare guardian or property manager for a person who lacks the capacity to make decisions for themselves. These applications are typically made when a person (the "subject person") is unable to manage their personal welfare, financial affairs, or both. Before seeking PPPR orders check if the person has an Enduring Power of Attorney (EPA) in place, you can confirm this with their lawyer. If you are unsure whether a PPPR application is the right route, we are happy to discuss this with you.

Types of Orders Under the PPPR Act

There are two primary types of orders that can be sought under a PPPR application:

1.   Personal Orders – these relate to a person’s personal care and welfare. The court may appoint a welfare guardian, who is responsible for making decisions about medical treatment, living arrangements, and other personal matters.

2.   Property Orders – these relate to financial and property management. Depending on the person's circumstances, the Court may either appoint a property manager or make an Order to Administer Property. These orders allow someone to manage the subject person's financial affairs, such as paying bills, managing assets, and handling investments.

An Order to Administer Property is generally available where the subject person has relatively modest assets and income. It allows a person to manage the subject person's financial affairs without the need for a full property manager appointment. Whether an Order to Administer Property is available depends on the value of the subject person's property and annual income. As these thresholds are adjusted from time to time, you should refer to the Ministry of Justice website for the current thresholds.

Who Can Apply?

A PPPR application can be made by a range of individuals, including family members, a medical professional or social worker, and any other person with an interest in the subject person’s welfare (with leave of the court).

The Process of Making a PPPR Application

The process of applying for a PPPR order involves several steps:

Gathering Medical Evidence

To support the application, medical evidence is required to confirm that the subject person lacks capacity. This typically involves obtaining a medical certificate or a specialist’s report.

Preparing Court Documents

The following documents must be prepared and filed in the Family Court:

1.   Application Form – specifies the type of order sought (welfare or property management).

2.   Affidavit in Support – details the subject person's condition, their need for assistance, and the applicant’s suitability to act as a guardian or property manager.

3.   Medical Report – provides professional confirmation of the subject person's incapacity.

4.   Statement of Consent of the applicant.

5.   Information Sheet – provides key information to the court about the subject person, applicant and interested parties.

If you do not expect any interested parties to object to the PPPR orders being sought, then you should notify the interested parties in advance and obtain their written consents to include with the application.

Filing and Service of Documents

Once the documents are completed, they must be filed at the Family Court nearest to where the subject person resides.

The application must be served on relevant parties, including the subject person (unless service on them is dispensed with), immediate family members, and any other interested parties. This ensures that all affected individuals can respond.

Court Consideration and Possible Hearing

The court will appoint an independent lawyer for the subject person. This is a standard part of the process, and their fees are usually funded by the Ministry of Justice. The lawyer for the subject person will provide a report to the court, which includes both their own views and the subject person’s perspective on the application. This report will include recommendations regarding the appropriateness of the PPPR orders being sought and will indicate if there is any further medical evidence required or interested parties to consult. The court will take this report into account when making PPPR orders.

If the application is uncontested, the court may grant the order on the papers without a hearing. However, if there are objections or complexities, a hearing may be scheduled where the judge will consider all evidence and submissions before making a decision.

If the court is satisfied that an order is necessary and appropriate, it will appoint a welfare guardian or property manager (or both).

How Long Does the Process Take?

The timeframe for obtaining a PPPR order varies, but it generally takes 2 to 6 months, depending on court processing times, complexities, and whether a hearing is required.

Urgent applications may be considered in exceptional cases. In these cases, a ‘without notice’ application will need to be filed, and if the interim order is granted it will only last up to 3 months for property orders, and up to 6 months for welfare guardian orders. If you think you need urgent help, we recommend seeking legal advice early to assist with the application process and ensure it is handled correctly.

Ongoing Responsibilities of an Appointed Guardian or Manager

Once appointed, a welfare guardian or property manager must act in the subject person’s best interests and make decisions consistent with the PPPR Act’s principles.

Property managers are required to keep records of financial transactions and must report to the court within specific timeframes with property statements. Welfare guardians are not required to file regular reports with the court, however they are subject to specific terms and conditions outlined in the order.

Most PPPR orders will have a review date specified by the Court, often within 3 years. Property managers and welfare guardians must apply for a review by the date specified in the order. If they fail to do so, the order and the powers granted under it may expire.

If the persons appointed as welfare guardian and property manager are different then they must consult regularly with each other to ensure the subject person's interests are not prejudiced.

Concluding Remarks

Applying for a PPPR order can be a complex but necessary step to ensure the well-being of a vulnerable loved one. If you need assistance with making a PPPR application, we can help guide you through the process and ensure that your loved one’s best interests are protected.

Contact us today for expert legal advice on PPPR applications.