People sometimes need help to manage their health, property or other parts of their life. They might need help because they’re physically ill or disabled, mentally ill, intellectually disabled, or have a head injury. The incapacity may be temporary or permanent.

There are 3 ways to make sure that a person is looked after if they can’t fully look after themselves or communicate their decisions:

• a person who has the capacity to do so can grant another person enduring power of attorney (EPA) to look after their personal affairs or property in case they become unable to manage their own affairs
• the person or another person can ask the Family Court to appoint someone to act for them as a welfare guardian or property manager
• the person or another person can also ask the Family Court to make a one-off Personal Order.

The court will try not to intervene in the person’s life more than necessary.

The court can also be asked to review decisions made by people who have the power to act on the behalf of other people, such as an enduring power of attorney issue.

• The court & enduring power of attorney (EPA)

  You don’t need to go through the Family Court to set up an enduring power of attorney, but the Family Court gets involved if any issues need to be sorted out.

• Welfare guardians

  If someone needs help making decisions for themselves about their personal care and welfare, the Family Court can appoint a welfare guardian for them.

• Help to look after property

  If you think you or someone else needs help making decisions about property or their income, you can ask the Family Court to get someone to look after the property or income.

• Personal Orders

  If someone can't fully make personal decisions for themselves or is unable to communicate these decisions, the court can create a Personal Order with specific actions for the person.

• Ask for a review of an Order

  You can ask the Family Court to review an Order.

This page was last updated: 18th October 2021