Protection of Personal and Property Rights Act 1988, ss 24, 25, 29(1)
The judge can make a property order for you only if you’ve completely or partly lost the ability to make decisions about your money and property.
The judge will look at various kinds of evidence to decide this, including medical evidence about your memory and level of understanding, about your ability to focus on issues, and about your ability to exercise judgment and form opinions and communicate your views and decisions to other people. They’ll also look at any affidavits (sworn statements) from family, friends and health professionals who know you and who’ve been in a position to observe you.
The law assumes you’re able to manage your own property affairs, unless someone proves otherwise. The Family Court can’t appoint a property manager order for you simply because you’re making decisions the average person wouldn’t make.