To assist in understanding the information to come, here is the meaning of some of the most common terms used in the PPPR Act:
Subject person: Someone who is no longer able to manage their own property and welfare decisions due to a loss (permanent or temporary) of decision-making capacity.
Welfare guardian: A person appointed by the Family Court to support the decision-making of the person, but with the authority to make the decision on behalf of the person if they are unable (e.g. in relation to their medical care, dentistry, etc.)
Property manager and Property administrator: A person appointed by the Family Court to support the decision-making about the subject person's property and money.
Enduring Power of Attorney (EPA): A legal document where an individual appoints an attorney to make decisions on their behalf if they lose the capacity to make those decisions themselves. This appointment is made with the understanding that the attorney will utilise supported decision-making options to enable the individual to participate in decisions as much as possible.
Donor: The person who sets up the EPA and appoints the attorney. They must be 18 years or over, and have decision-making capacity.
Attorney: The person appointed to make decisions for the donor. They must be over 20 years of age, of sound mind, and have agreed to be the Attorney.
Consult: To ask for advice and consider it before making a decision
Please don’t confuse the term ‘Attorney’ used in this legislation with the term ‘Attorney’ used particularly in the United States of America to mean a lawyer.