A Property Manager's role under the PPPR Act is to manage the property and finances of the subject person, including income and government benefits.  They are not responsible for managing property or finances of any property in owned by a Trust or individualised funding. 

A property manager is appointed by a Family Court Judge and is usually a family member, friend, or trustee company. The property manager's initial appointment is usually for three years, and to continue past this date it will need to be reviewed by the Judge.  If the property manager does not request a review, the property manager order will expire and they will no longer be able to act on behalf of the subject person. 

A property manager is responsible for acting in the subject person's best interests, engaging in supported decision-making, and consulting with them and other organisations. Property managers are accountable to the Family Court and must prepare statements of assets and liabilities.  There is also a limitation on what they can do.  They do not have the ability to engage in sales, gifts and purchases in excess of $120,000 without the permission of the Court.

A property manager can also apply to the Court to make a will for the subject person. They have to provide a draft will for the Court and the judge will decide if it is appropriate.

One or two people can be appointed as a Property Manager, and they are able to charge ‘reasonable costs’ for managing the assets.  Under general civil law and contract law the test of what is considered ‘reasonable’ means taking actions that a reasonable person would take in the same circumstances. 

The property manager is required to file:

• An initial application: This document outlines the need for the appointment, the circumstances of the person, and the proposed administrator's qualifications.
  
  
• Annual Statements: These statements detail the financial transactions conducted on behalf of the individual under administration, including income, expenditures, and the current status of assets. This ensures transparency and accountability, allowing the court to monitor the actions of the administrator and protect the interests of the individual.
  
  
• Changes in Circumstances: If there are significant changes in the individual's circumstances or the administrator's management of the property, the administrator may be required to file additional statements or reports with the court. This could include changes in the individual's health, significant financial changes, or any concerns raised about the administrator's conduct.
  
  
• Final Accounts: Upon the termination of the property administration (e.g., if the individual regains capacity or passes away), the administrator may need to file a final account with the court. This account summarises all transactions made during the administration period and provides a comprehensive overview of how the individual’s property has been managed.

A property manager's responsibilities include: 

• Acting in the subject person's best interests
  The person appointed to this role is responsible for acting in the subject person’s best interests and can be removed from the role if they fail to do so.
  
  
• Consulting with the subject person and other organisations
  This includes consulting with the subject person on property matters and ensuring they participate in the decision-making process, and initiating or following up on matters that affect the subject person.
• Financial management
  Developing and implementing a financial management plan, ensuring the subject person receives all income and benefits, and creating a budget.
  
  
• Record keeping
  Maintaining clear and accurate records of all actions taken on the subject person's behalf. 
  
  
• Reporting
  Providing a report within 3 months of the appointment being made, and providing an annual statement of management to the Family Court.
• Protection
  Safeguarding the subject person's property and financial affairs by ensuring no actions are taken without the court's permission, thus preventing undue influence or exploitation. This includes preventing unauthorised debt enforcement, property transactions, or tenancy determinations. 
  
  

To find out more about the role of Property Manager click here: What is a Property Manager under the PPPR?