Agent appointed by a Court Order

In certain circumstances, the Courts may appoint an individual to act on behalf of someone who is incapacitated.

These Court Orders are made under the Protection of Personal and Property Rights Act 1988, and are described below.

The Order will list the rights and powers granted to the person named, or any restrictions to these rights and powers.

The Court may make an order appointing someone to make and implement decisions on behalf of a person in relation to aspects of their personal care and welfare. The order could appoint a Welfare Guardian.

A Welfare Guardian is only appointed if the person wholly lacks the capacity to make or communicate decisions relating to their personal care and welfare.

The powers of a Welfare Guardian are granted for a set period, which can be no longer than three years.

To amend or extend these powers, an application for review must be made to the Court prior to the expiry of the order.

A Court Order may appoint someone to make and implement decisions on behalf of a person in relation to their property.

'Property' in this context may include a client's financial affairs, including the ability to act on the client's behalf with Work and Income, Senior Services or Housing Assessment.

The powers of Orders to administer property are granted for a set period, which can be no longer than three years.

To amend or extend these powers, an application for review must be made to the Court prior to the expiry of the order.

The Court may also issue a temporary Property Order; this can be valid for a period of no more than three months.

Note once a Property Order is invoked, the client loses the legal ability to exercise the rights given to the person named in the Order.

An individual may present Work and Income, Senior Services or Housing Assessment with such a Court Order covering the client's affairs, requesting to be appointed as the client's agent. While this can be acted upon, what they can do on behalf of the client is determined by what is granted by the Court Order.

In some cases, the powers of agency being requested by the person named in the Court Order may fall outside the powers granted by the Order.

In some cases the client may be able and willing to consent to the individual being appointed an agent for their dealings with Work and Income, Senior Services or Housing Assessment.

If this is inappropriate, or does not occur, it may be appropriate to request that the individual has the Court determine whether they should have the power to represent the client with Work and Income, Senior Services or Housing Assessment.

Consult your Service Delivery solicitor if you are unsure about a Court Order.

For information on how to deal with Court Orders, see:

• Process for dealing with Court Orders