The process of applying for both roles is largely similar, involving an application to the Family Court.

Application Process

To apply for an Order to Administer Property (for a Property Administrator) or a Property Order (for a Property Manager), the process generally involves:

Establishing Incapacity

A comprehensive medical report from a registered medical practitioner is essential. This report must clearly assess the person's current capacity to make decisions regarding their property and financial affairs, and detail the nature and extent of any incapacity.

Completing Forms

• Application Form: You will complete a specific application form (e.g., PPPR Form 9 for a Property Order, or Form 10 for an Order to Administer Property).
  
  
• Affidavit in Support: A sworn statement (affidavit) explaining the reasons for the application, the nature of the person's property, why the proposed administrator/manager is suitable, and details of other interested parties.
  
  
• Statement of Consent: The person seeking to be appointed (you, if you are the proposed administrator/manager) must complete a statement of consent (Form PPPR 16), confirming their willingness and understanding of the role.

Filing the Forms
The completed forms, along with the original medical report, are filed at the Family Court closest to the person's residence.

Court-Appointed Lawyer
The Family Court will almost certainly appoint a lawyer to represent the interests of the subject person whose property is being managed. This lawyer provides an independent report to the court.

Court Decision
The judge reviews all documents and may hold a hearing if necessary. The court's primary objective is always the best interests of the subject person.

Key Distinctions Between Roles

While the application process is similar, the roles are distinct, primarily based on the thresholds for assets and income and the powers/responsibilities involved.

Thresholds for Appointment

• Property Administrator (Order to Administer Property - Section 11 PPPR Act):
  • Appointed when any single item of property to be managed is worth $25,000 or less; or when the person's annual income or benefit is $40,000 or less (as of April 1, 2025 – this amount is subject to change by Order in Council).
  • This order is for relatively small or straightforward financial matters.
    
    
• Property Manager (Property Order - Section 31 PPPR Act):
  • Appointed when the value of the assets or the annual income/benefit exceeds the thresholds for a Property Administrator.
  • This order is for more substantial or complex financial affairs. A Property Manager typically has broader powers and more stringent reporting obligations to the court (e.g., annual financial statements).

Minimum Age for Appointment

For both Property Administrator and Property Manager roles, the person appointed must be at least 20 years old.

Scope of Appointment

A Property Administrator is appointed to administer specific property or income/benefits as outlined in the order, generally fitting within the lower thresholds.

A Property Manager can be appointed for all of a person's property, or a specified part of their property (as discussed in our previous exchange, allowing for flexibility in complex situations, even potentially alongside a Property Administrator for other, distinct, lower-value assets if the court deems it necessary for specific complex issues).

Personal requirements for Appointment

• Capable of Carrying Out the Duties
  This means having the practical skills, knowledge, and understanding to manage financial matters relevant to the scope of the order.
  
  
  • For a Property Administrator, this might involve managing basic income, paying routine bills, and overseeing small assets.
    
    
  • For a Property Manager, given the higher thresholds and potential for more complex financial situations (e.g., investments, property sales, significant debts), the court might expect a higher degree of financial literacy, experience, and organisational capability. If the affairs are very complex, the court might consider appointing a trustee corporation or a professional.
    
    
• Trustworthy and Honest (Fit and Proper Person)
  The proposed administrator/manager must be reliable and act with integrity. The court will scrutinise any history of:
  
  
  • Criminal convictions, especially for dishonesty or financial offences.
    
    
  • Personal bankruptcy, significant unresolved debt issues, or a demonstrated history of poor financial management.
    
    
  • Any exploitation, abuse, or negligence towards vulnerable individuals.
    
    
• No Undue Conflict of Interest
  The appointed person must be able to act solely in the best interests of the subject person, free from personal gain or conflicting loyalties. Examples of potential conflicts include:
  
  
  • Owing significant personal debt to the subject person.
    
    
  • Having a direct personal financial stake in decisions made on behalf of the subject person that could be detrimental to the subject person's estate.
    
    
  • Being involved in a dispute over the subject person's will or inheritance.
    
    
• Willingness to Act and Understand the Responsibilities
  The proposed administrator/manager must formally consent to the appointment (via Form PPPR 16) and demonstrate an understanding of the significant legal duties, obligations, and accountability to the Family Court. This includes the differing reporting requirements for each role (Property Managers have more stringent, regular financial reporting duties, often requiring examination by the Public Trust, which Property Administrators typically do not).
  
  
• Ability to Communicate and Consult (as far as practicable):
  The appointed person should be able to communicate effectively with the subject person (to involve them in decisions to the greatest extent possible) and be willing to consult with relevant family members and other interested parties, aligning with the ‘least restrictive intervention’ principle of the PPPR Act.
  
  
• Good Judgment:
  The capacity to make sound, rational decisions regarding the subject person's financial affairs, ensuring their assets are protected, managed prudently, and used for their direct benefit.

While the fundamental personal qualities remain the same, the demonstrated level of certain capabilities (like financial literacy or organisational skills) might need to be higher for a Property Manager role due to the increased complexity and value of the assets typically involved. The court will always assess the individual's suitability in relation to the specific needs and scale of property of the person for whom the order is sought.

In summary

The core process to get a court order for property management is largely the same, but the specific form used, the type of order, and the duties/reporting requirements depend on whether a Property Administrator or Property Manager is appointed, which is determined by the financial thresholds and complexity of the person's property affairs.

To apply for a property manager or property administrator to be appointed click below to take you to the Ministry of Justice website and application form.

Apply  for a Property Manager to be appointed

Apply to Administer Property