IMPORTANT: Due to the current COVID-19 situation, the process for signing and witnessing EPAs has changed.
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:
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 someone needs help making decisions for themselves about their personal care and welfare, the Family Court can appoint a welfare guardian for them.
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.
You can ask the Family Court to review an Order.
This page was last updated: