Incapacity issues

If you are concerned about a family member’s capacity to make decisions for themselves, and they do not have an Enduring Power of Attorney, we can advise you on obtaining orders under the Protection of Personal and Property Rights Act. The Court can appoint you a welfare guardian – enabling you to make decisions for the person’s personal care and welfare, such as where they live, who looks after them, and what kinds of medical treatment they should have. The Court can also appoint you a property manager or administrator – enabling you to make decisions about how the person’s property is used.

We can advise you on the process involved in obtaining these orders and assist you to apply for an order from the Court. We can also advise you on your obligations as a welfare guardian or property manager and assist you with reviews and reports to the Court.

If you are concerned that an existing attorney or guardian is not exercising their duties properly, we can advise you and assist you to address any concerns.