The process for appointing a welfare guardian in Aotearoa New Zealand involves the following steps:
Making an application
Theoretically, an application can be made by the person themselves, but almost always is made by someone else because they do not have the capacity to make the application. The application requires medical evidence to support the request.
Appointing a lawyer
A lawyer is appointed by the court to meet with the applicant and the subject person. The lawyer prepares a report for the court on a number of topics and makes recommendations on procedure, whether further information is needed, and whether they think the orders should be made. The judge then decides about the process and what happens next.
Judge's decision
The judge will decide whether to hold a hearing, request more information, or make the order.
Reviewing
The court will set a date for the welfare guardian to request a review of the order. This date must be no more than three years after the order was made. The order and the powers granted by it will end if the welfare guardian does not request a review by the set date.
To apply to become a welfare guardian you'll need to:
Gather the required information and forms, including:
Then file the application at the Family Court nearest to the subject person's home. The application process is similar to applying to become a property manager, but the capacity test has different measurements.
To be appointed as a welfare guardian, you must:
> You can find out more about the application process at the Ministry of Justice website here: Applications for a Welfare Guardian
> There is also information provided by the Community Law Centre for the person with FASD to explain what this will mean for them here: Appointing Someone to make Decisions for You.
