Welcome to the Legislation Page

Anyone who intends making decisions about the care and welfare of another person, who is over 18 years old, is governed by the law, as passed by Parliament, in the Protection of Personal and Property Rights Act 1988

The only exception is if the subject person has been ordered by a Court to undergo compulsory treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or is a Care Recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

Protection of Personal and Property Rights Act 1988

This legislation together with later amendments provide for the appointment of welfare guardians and outlines their duties and responsibilities.

The key sections relating to Welfare Guardians are as follows:

• Section 12: Appointment of a welfare guardian
• Section 18: Powers and Duties of a Welfare Guardian

To read the law relating to Enduring Powers Of Attorney (EPAs) click here

The full act can be found online at the Government’s legislation page.

To get advice about this legislation refer to either:

• a lawyer or
• your local Community Law Centre