People sometimes need help to manage their health, property or other parts of their life. They might need help because they’re physically ill or disabled, mentally ill, intellectually disabled, or have a head injury. The incapacity may be temporary or permanent.
There are 3 ways to make sure that a person is looked after if they can’t fully look after themselves or communicate their decisions:
a person who has the capacity to do so can grant another person enduring power of attorney (EPA) to look after their personal affairs or property in case they become unable to manage their own affairs
the person or another person can ask the Family Court to appoint someone to act for them as a welfare guardian or property manager
the person or another person can also ask the Family Court to make a one-off Personal Order.
The court will try not to intervene in the person’s life more than necessary.
The court can also be asked to review decisions made by people who have the power to act on the behalf of other people, such as an enduring power of attorney issue.
You don’t need to go through the Family Court to set up an enduring power of attorney, but the Family Court gets involved if any issues need to be sorted out.
If you think you or someone else needs help making decisions about property or their income, you can ask the Family Court to get someone to look after the property or income.
If someone can't fully make personal decisions for themselves or is unable to communicate these decisions, the court can create a Personal Order with specific actions for the person.