Elder Law & Guardianship
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Understanding Guardianship and when to get legal help
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.
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.
How to choose the right Guardianship lawyer
- Look for a lawyer with experience in elder law and guardianship.
- Check their reputation and client reviews.
- Ensure they communicate clearly and understand your needs.
- Ask about their fees and payment options.
Verified Elder Law firms
These law firms are experienced in helping Kiwis navigate Guardianship in Elder matters.
Common questions about Guardianship:
What is guardianship in elder law?
Guardianship is a legal arrangement where a person is appointed to make decisions for someone who cannot do so themselves.
When might I need a guardianship lawyer?
You may need a guardianship lawyer if you are seeking to appoint a guardian or if you are contesting a guardianship.
How do I apply for guardianship?
To apply for guardianship, you must file an application with the Family Court, providing evidence of the person's incapacity.
What are the responsibilities of a guardian?
A guardian is responsible for making decisions about the person's welfare, including health care, living arrangements, and finances.
Can guardianship be revoked?
Yes, guardianship can be revoked if the person regains capacity or if the guardian is not fulfilling their duties.