If you have now bravely waded through all the above legal information and are wondering what to do and where to start – here is a suggested process to start planning for your person with FASD’s adulthood.

Age to start planning for adulthood

Start any time – the earlier the better! But it's a good idea to start planning around 16-17 years of age at the latest.

Shared vision

1. Sit down with your loved one and talk about why you would like with them to do some legal planning for their adulthood.
2. If they want to be involved, start with developing a shared vision of their ideal future life and plans.
3. Record this in writing.
4. Use this as a basis to write a Letter of Wishes to be filed and shared with your will.

Circles of support

1. Record your loved one’s circles of support as part of your planning process.
2. Involve those close to them in the shared vision and planning process, as appropriate.
3. Every two years or so, or as things change, update your record of their circles of support.

Capacity

1. Carefully read the information provided in this resource about mental and legal capacity, and decide if you need to take any action immediately once they turn 18 years of age to restrict your loved one’s decision-making rights.
2. Prior to 18 years of age they are considered minors (unless they meet one of the exceptions explained in the previous pages) and their guardian(s) can make those decisions – the exception is around health-related issues.
3. Do they meet the criteria where the court would support removal of those rights? Remember, the court sets a high bar before they will consider this.

Enduring Power of Attorney

1. If you believe you need put in place an EPA in case a family member loses decision-making capacity, and if you think they may need support for their decision-making through a legal mechanism, talk to a lawyer or disability rights expert about your options.
2. Your options could include making an Enduring Power of Attorney for personal care and welfare and/or an Enduring Power of Attorney for property.
3. Regardless of whether the person has a disability or not, all parents and guardians should consider establishing an Enduring Power of Attorney to come into effect when the child turns 18 years of age. This means the donor gets to state who their EPA will be and the limits (if any) on the power of attorney before they lose the capacity to exercise any of their rights.
4. The donor chooses their own attorney. The attorney then gets the documents drafted and ready to be signed and witnessed for activation after they turn 18.
5. Remember, an EPA for personal care and welfare only comes into effect once the person loses their decision-making capacity.
6. An EPA for property can come into effect immediately if that is the wish of the donor.

Will and Testament (will)

1. It is useful for most adults to have will in various circumstances, particularly for determining asset distribution, appointing guardians for minor children, supporting charitable causes, managing business interests, and potentially addressing complex family situations and dynamics.
2. Remember, if you die without having a will then the court and the provisions of the Administration Act will decide how your property gets distributed on your death.
3. If you are not sure if you need a will you can always consult a lawyer. People with FASD might also find it useful to use the People First NZ Easy Read resource on making a will. You can access that here:  People First: How to make a will  
4. Get a will prepared setting out what you want to happen on your death with any assets remaining on your death and how you would want them managed and distributed.
5. Make sure your will covers guardianship if you have a child under 18 years of age.
6. Discuss with your loved one and support them to make their own will.
7. Regularly review your will, and bequests to make sure they are still relevant and what you want to have happen on your death. Life circumstances and relationships change all the time.

Trusts

1. Consider if you want to set up a trust/family trust (and what kind) to come into effect on your death to manage any assets left in your will for the benefit of your loved one(s).
2. If so, talk to a lawyer about setting up a Trust.
3. Consider all the issues we covered about trusts in this resource.

Letter of Wishes

1. Write a letter of wishes for the trustees of any trust you may have established.
2. Refer back to your shared vision when writing this document.
3. The letter of wishes should set out the preferred way you want for the trustees to manage assets and distribute funds to beneficiaries. It is about providing guidance on how you would like your wishes to be considered when they are making decision.
4. Regularly review your letter of wishes and update or change as your, and the beneficiaries’ circumstances change.

Supported decision-making

Empower and support your loved one to make their own decisions as much as possible. This is their inherent right and an important part of development and growth.