PPPR Application
Protection of Personal Property Rights Act
in New Zealand
Support When You Need It Most
If a loved one has lost capacity, we're here to help. Book an appointment to discuss a PPPR application.
What is a PPPR Application?
The Protection of Personal Property Rights Act 1988 (PPPRA) provides a framework for managing the property and personal affairs of individuals who have lost mental capacity in New Zealand. This act is particularly important for families and caregivers of individuals who can no longer make decisions for themselves due to conditions such as dementia, brain injury, or other cognitive impairments.
The primary aim of the PPPRA is to protect the rights of individuals who are unable to manage their own affairs, ensuring that their property and personal rights are respected and properly managed. The act facilitates the appointment of a person (or persons) to act on behalf of the individual who has lost capacity, thereby safeguarding their interests.
Key Provisions of the PPPRA
1. Application to the Family Court
Under the PPPRA, family members or interested parties can apply to the Family Court for orders relating to the management of the property and personal affairs of a person who has lost capacity. This process is often referred to as a triple PR application. Here’s how it works:
Who can apply?
Typically, family members, caregivers, or other interested parties can submit an application to the Family Court if they believe that an individual is no longer capable of managing their affairs.
Court Order
The Family Court has the authority to make various orders concerning the management of the individual’s property and personal care. These orders may include appointing a property manager or a welfare guardian, depending on the needs of the individual.
2. Types of orders
The Family Court can issue different types of orders under the PPPRA, including:
Property Management Order
These orders allow a designated person to manage the property and financial affairs of the individual. This may involve paying bills, managing investments, and making decisions about the sale or purchase of property.
Welfare Guardianship Orders
If necessary, the court can appoint a welfare guardian to make decisions regarding the personal care and welfare of the individual. This includes decisions about healthcare, living arrangements, and general well-being.
Decisions must be in their best interests of the individual. The court will consider the individual's wishes, values, and preferences whenever possible, ensuring that their dignity and rights are upheld.
Protection of Rights
It ensures that individuals who can no longer make decisions for themselves have their rights protected and their affairs managed appropriately.
Legal Framework
The act provides a clear legal process for families and caregivers to follow when seeking assistance in managing the affairs of a loved one who has lost capacity.
Prevention of Abuse
By establishing a formal process for appointing decision-makers, the PPPRA helps prevent potential abuse or exploitation of vulnerable individuals.
From here
The PPPRA safeguards the rights and interests of individuals who have lost mental capacity. Through the process of applying to the Family Court for property management and welfare guardianship orders, families and caregivers can ensure that their loved ones receive the care and support they need.
Understanding the provisions of the PPPRA is vital for anyone involved in the care of individuals with diminished capacity, as it provides clarity and protection in what can be a challenging and emotional time.
Feel free to book an appointment here with one of our team to see if we can assist you with your PPPR application.
Unsure of the PPPR application process?
Book a consultation with one of our team, who can discuss the process with you.
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