A Protection Order made by a Court is different to an Administration Order made by SACAT as it specifically applies to people who have been awarded damages for personal injury.
A Protection Order is made when the Court has come to the decision that managing someone’s financial affairs should become our responsibility (or the responsibility of another person or body).
Court awarded estates
Sometimes the District, Supreme or Magistrates Court awards damages to someone who has suffered an injury.
As a result of that injury, they suffer (or are likely to suffer) from a mental or physical disability that will make it difficult for them to manage their own affairs.
In these cases, the Court can put in place a protection order which allows us to administer and manage the awarded funds.
It can also sometimes apply to whole of a person’s estate.
Our role
As soon as possible after we receive the protection order, we consult with the protected person, their authorised liaison person and their carers to determine how we can best manage their affairs.
Unless the Court has stated otherwise, we have the power to:
- take possession of the protected person’s estate including bank accounts, property, investments and other assets
- repair and insure the property of the protected person (including their house and contents)
- require money and personal effects that belong to the protected person be placed under our control
- use the protected person’s money to maintain their lifestyle as well as the lifestyle of their spouse or children
- continue any business or trade previously undertaken by the protected person alone or in partnership with others
- take over the duties the protected person would have otherwise undertaken in relation to a deceased estate
- purchase or sell real property and acquire personal assets for the benefit of the protected person.
We are required to file a Statement of Financial Affairs and a Manager’s Affidavit annually with the Court.