Wills & Estates: Guardianship Lawyers in NZ
Verified NZ firms for guardianship. Answer a few questions to find a Wills & Estates lawyer in minutes.
Understanding Guardianship and when to get legal help
The Wills & Estates practice area in New Zealand focuses on managing what happens to a person's belongings and responsibilities after they pass away. One important part of this area is Guardianship, which helps protect those who cannot make decisions for themselves, such as children or adults with disabilities.
What is Guardianship?
Guardianship is a legal arrangement where a person (the guardian) is appointed to make decisions on behalf of someone who is unable to do so. This could be due to age, illness, or mental incapacity. For example, if a parent is unable to care for their child due to health issues, a guardian can be appointed to ensure the child's needs are met.
Why is Guardianship Important?
Guardianship is crucial because it ensures that vulnerable individuals receive the care and support they need. It also helps to protect their rights and interests. In New Zealand, the law requires that guardians act in the best interests of the person they are caring for.
How Does the Process Work?
To establish guardianship, a legal application must be made to the Family Court. This process involves:
- Filling out the necessary forms.
- Providing information about the person needing a guardian.
- Attending a court hearing where a judge will decide if guardianship is needed.
For example, if a grandparent wants to become the guardian of their grandchild after the child's parents are unable to care for them, they would need to go through this process.
What Can Guardians Do?
Guardians have the authority to make important decisions about:
- Health care and medical treatment.
- Education and schooling.
- Living arrangements and daily care.
For instance, a guardian may decide which school a child should attend or what medical treatment they should receive.
In summary, the Guardianship specialisation within the Wills & Estates practice area is vital for ensuring that those who cannot make decisions for themselves are cared for and protected. If you believe someone you know may need a guardian, it is important to seek legal advice to understand the process and options available.
How to choose the right Guardianship lawyer
- Look for a lawyer with experience in guardianship cases.
- Check their reputation and client reviews.
- Ensure they understand your specific needs.
- Ask about their fees and payment options.
Verified Wills & Estates Law firms
These law firms are experienced in helping Kiwis navigate Guardianship in Wills & Estates matters.
Common questions about Guardianship:
What is guardianship?
Guardianship is a legal arrangement where a person is appointed to make decisions for someone who cannot do so themselves.
When do I need a guardianship lawyer?
You may need a lawyer if you are seeking to become a guardian or if you need to challenge a guardianship decision.
How do I apply for guardianship?
To apply, 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 and living arrangements.
Can guardianship be revoked?
Yes, guardianship can be revoked if the person regains capacity or if the court finds it no longer necessary.