Elder Law and Guardianship in New Zealand
Elder Law is a special area of law that focuses on the legal needs of older people. One important part of Elder Law is Guardianship. This is when someone is appointed to make decisions for a person who can no longer make those decisions themselves due to age, illness, or disability.
What is Guardianship?
Guardianship is like having a trusted helper. For example, if an elderly person has dementia and cannot manage their finances or make health decisions, a family member or friend can apply to be their guardian. This means they can make choices about the person's care, living arrangements, and finances, ensuring that the elderly person is safe and well looked after.
How Does it Work in New Zealand?
In New Zealand, the process for guardianship is guided by the Protection of Personal and Property Rights Act 1988. This law helps protect the rights of people who may not be able to make decisions for themselves. Here’s how it generally works:
- Application: A family member or friend can apply to the Family Court to become a guardian.
- Assessment: The court will assess whether the person truly needs a guardian. This may involve medical reports and other evidence.
- Appointment: If the court agrees, they will appoint the guardian, who will then have the legal authority to make decisions on behalf of the person.
Why is Guardianship Important?
Guardianship is important because it ensures that vulnerable elderly people have someone to look after their best interests. For instance, if an elderly person needs to move into a care home, the guardian can help make that decision, ensuring it is the right choice for their health and happiness.
Conclusion
If you are concerned about an elderly family member or friend who may need help making decisions, it is wise to seek advice from a lawyer who specialises in Elder Law and Guardianship. They can guide you through the process and help ensure that your loved one receives the care and support they need.