Powers to Make Decisions for Others
Phone : 0800 268 787
Address : Timaru Family Court, 12-14 North Street, Timaru
Website : www.justice.govt.nz
People sometimes need help to manage their health, property or other parts of their life. They might need help because they’re physically ill or disabled, mentally ill, intellectually disabled, or have a head injury. The incapacity may be temporary or permanent.
There are 3 ways to make sure that a person is looked after if they can’t fully look after themselves or communicate their decisions:
Enduring Power of Attorney (EPA)
An enduring power of attorney (EPA) is a legal document which sets out who can take care of your personal or financial matters if you can't. That person is called your attorney.
You don’t need to go through the Family Court to set up an enduring power of attorney, but the Family Court gets involved if any issues need to be sorted out.
Welfare Guardians
If someone needs help making decisions for themselves about their personal care and welfare, the Family Court can appoint a welfare guardian for them.
People can apply for a Welfare Guardian Order for themselves or someone else. For the court to appoint a welfare guardian for themselves, it must be satisfied that the person meets the court defined description and sufficient medical evidence is provided to support this.
Personal Orders
If someone can't fully make personal decisions for themselves or is unable to communicate these decisions, the court can say, by creating a Personal Order, that specific actions must be taken for the person who needs help.
A Personal Order may cover things like decisions involving medical treatment or putting someone in a rest home.
Help to look after property
If you think you or someone else needs help making decisions about property or their income, you can ask the Family Court to get someone to look after the property or income.
Ask for a review of an Order
You can ask the Family Court to review an Order.