Understanding the PPPR Act – A Safety Net for Families

The Protection of Personal and Property Rights Act 1988 (“the Act”) allows the Family Court (“the Court”) to appoint decision‑makers a person loses mental capacity and has not put an Enduring Power of Attorney (“EPOA”) in place. It ensures that decisions are made lawfully and that vulnerable individuals are protected.

Types of Orders

• Welfare Guardian: Makes decisions about personal care, medical treatment, and living arrangements.

• Property Manager/Administrator: Manages financial affairs and property.

 When is a PPPR Order needed?

A PPPR order is necessary when:

• A person has lost capacity due to illness, injury, or disability.

• There is no EPOA in place.

• Decisions about care or finances need to be made urgently.

Key Differences between EPOA & PPPR Orders:

• Control: With an EPOA, you choose your attorney. With PPPR, the Court appoints the decision-maker.

• Cost & Time: PPPR applications require court proceedings, medical reports, and legal representation, and may take significant time. EPOAs are quicker and less likely to put in place.

• Oversight: PPPR orders involve ongoing Court supervision and reporting obligations.

The Act provides an essential safety net, but it is reactive and can be burdensome for families. By contrast, establishing an EPOA is a proactive step that allows individuals to retain control over who will act on their behalf. Including EPOAs as part of wider estate and care planning can reduce uncertainty, cost, and stress for families in the future.