Public Trust and You: Working Together

Aotearoa New Zealand Association of Social Workers

November 2015

What we are going to cover today

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Protection of Personal and Property Rights Act 1988 (PPPR) and Ministry of Justice funding changes, specifically:

Page

Public Trust - who we are 3

Enduring Powers of Attorney (Part 9 of the Act) 5

Application Process 10

Property Manager - Section 31 and 33 13

Welfare Guardian - Section 12

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Temporary Manager - Section 30 and 14 18

Personal Order - Section 10 19

Ministry of Justice Funding Changes

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Public Trust – who we are

• Public Trust has been helping New Zealanders protect the important things in life for more than 140 years

• We are New Zealand’s largest trustee company

• We have nationwide coverage with 26 customer centres

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Important legislation: the Protection of Personal and Property Rights Act 1988

• The Act aims to protect the personal and property rights of people who are not fully able to manage their own affairs

How does the Act get applied?

• Through Enduring Powers of Attorney (EPAs) and Court Orders

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Enduring Powers of Attorney (Part 9 of the Act)

Two types:

• Property

• Personal Care and Welfare

Who can be an Donor?

• Anyone over 18 or who has been married

• Must have capacity to understand their action

Terms

• Donor – person who grants another person authority to act of their behalf

• Attorney – person or trustee corporation who has been authorised to act

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Who can be an Attorney? Property

• Any person aged 20 or over, who is not bankrupt or subject to a Property or Personal Order

• A trustee corporation

• More than one person may be appointed (jointly or jointly and severally)

• May appoint successive Attorney(s)

Personal Care and Welfare

• One person only at a time

• Cannot be a trustee corporation.

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When is an EPA effective?

Property

• Immediately

• From a future date

• Only if the Donor becomes incapacitated.

Personal Care and Welfare

• Only when the Donor becomes incapacitated

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Are there limitations?

Attorney’s powers

These are defined by the Act but are essentially anything on behalf of the Donor that they could have lawfully done themselves. There can be:

• General

• Specific

• Limited to certain assets

Change or revocation of an EPA

• In writing by Donor

• Upon death

• Attorney renounces

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What happens when someone doesn’t have EPAs

An Application is made under the Act to become Property Manager, Administrator or authorised to act under a Court Order

Who can be appointed? • Any person aged 20 or over • A trustee corporation Who can not be appointed? • Manager/Licensee of a rest

home or institution

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Who can complete an Application?

Any one or more of the following:

• Person seeking Court jurisdiction in respect of themselves

• Relative or an Attorney

• Social Worker

• Medical Practitioner

• Trustee corporation

(not for Personal Order)

• Representative of non commercial group providing services and facilities for welfare

• Principal manager of hospital care, rest home or residential disability care where patient resides

• Welfare Guardian

• Any other person with leave of the court

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Application forms are available through the Ministry of Justice website

Application Process

• Application and supporting documents are lodged with the Court

• Application is referred to the Judge

• Solicitor is appointed to investigate, report findings and recommendations within 21 days

Exemption:

• A Section 33 Application is made by a trustee corporation

• This is used where a persons assets are over $100,000

• Two medicals must be obtained

• The trustee corporation becomes Manager once the application has been lodged with the Court

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Standard:

Application process

The Judge considers the application:

• If agreeable they will authorise the application

• If they identify issues they will summons the parties to discuss further before making a decision

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A Property Manager (Sections 31 and 33)

Role and definition

“First and paramount consideration of a Manager is to use the property in the promotion and protection of the

best interests of the person for whom the Manager is acting…”

Timeframe

Reviewed as specified by Court no later than 3 yearly

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A Property Manager

Powers

“All rights and powers as the Court may confer on the Manager in the property order”

Including:

• Managing income, assets

and liabilities

• Selling and purchasing of

real estate

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Welfare Guardians (Section 12)

Who can apply to the Court?

• Relative or Attorney

• Social Worker

• Medical Practitioner

• Rest home or hospital manager

• A trustee corporation

Who can be appointed?

• Any person over the age of 20

Who can’t be appointed?

• A trustee corporation

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Welfare Guardian Responsibilities

• Protection

• Promote best interests

• Integration into community

• Encourage self reliance

• Consultation (family, Property Manager, medical)

• Seek directions of the Court

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Welfare Guardian Powers

• Specified by the Court

• Make and implement decisions

• Decisions have the same effect as if had been made by the person for whom the Guardian is acting

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Temporary and Interim Orders (Sections 30 and 14)

• Temporary order – allows urgent provisions to be made for protection of property pending the full order being granted, varied or discharged. Granted for period of no longer than 3 months.

• Interim order – allows further investigation to identify whether a full order is granted, dismissed or extended. Granted for period no longer than 6 months.

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Personal Orders (Section 10)

Types of personal orders include:

• Personal care upon death of parent

• Enter/attend/leave institution

• Specified medical advise/treatment

• Educational/rehabilitative, therapeutic treatment

• Not leave New Zealand without permission of the Court

• Section 10.4, Court authorising Public Trust to complete one off tasks

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The role Public Trust plays as a trustee corporation

Personal Assist service:

Where we act under EPA and manage client’s financial affairs by:

• Their choice- obtain Letter of Instructions

• Or when they are no longer able- obtain medical certificate

Property Manager:

• Where we are appointed under Court Order

Public Trust process:

• Approached by the Client or a representative to act.

• Consideration is given before consenting to act

• Factors considered:

• Health, Safety and Risk

• Assets and Liabilities

• Duties to perform

• Value added

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Ministry of Justice Funding • A new funding agreement is in place from 1 July 2015

• Under the Agreement funding applies to clients managed by Public Trust as:

a. Property Manager or

b. Property Attorney under a Personal Assist for all mentally incapacitated persons.

• From this year there is a funding cap for individual clients

• Funding is based on level of assets of an individual client

• Application of Public Trust’s fees and charges are reviewed on a regular basis in line with the funding criteria

• While assets and liabilities of clients has always been a consideration prior to acting, due to the change in funding structure this is more of a focus from this year. If clients have liquid assets in excess of $20,000 they will be required to cover some fees.

• If you have queries about how this would affect particular clients or would like to understand more, we’d be happy to discuss the changes with you

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Any Questions?

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For more information call us on 0800 371 471

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