Wills & Estates: Guardianship Specialisation
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.
Conclusion
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.