The main differences between a property power of attorney (EPA) and a property manager or administrator under the Protection of Personal and Property Rights Act (PPPR Act) are:
• Who appoints the decision maker
With an EPA, you appoint someone to make decisions for you while you are unable to. With a property manager or administrator, the court appoints someone to make decisions for you.
• When the decision maker is appointed
You can appoint an attorney under an EPA while you are still able to make decisions. If you lose capacity to make decisions before an EPA is in place, your family or loved ones may need to apply to the Family Court for the appointment of a Welfare Guardian and/or Property Manager or Property Administrator.
• Reporting requirements
A property manager appointed by the court must report to the court annually.
• Appointment requirements
Property managers and welfare guardians usually need to be reappointed every three years.
A property manager is responsible for decisions about the subject person's property, including income and government benefits. They cannot make decisions about the subject person's personal care and welfare.
A person can be the subject of a PPPR Act if they are not fully able to manage their own affairs. This could be due to mental illness, dementia, an intellectual disability, or a serious accident or health episode.