A welfare guardian is a person who is appointed by the Family Court to make decisions about the welfare and day-to-day care of another person. They are appointed to protect the person from abuse, neglect, or exploitation. It is an unpaid and voluntary role. The appointment lasts for a maximum of three years, and the welfare guardian must apply for a review by the Family Court for another order when it expires. 

A welfare guardian can be appointed for anyone who is 18 or older. For people who are 16 or 17, a welfare guardian can be appointed if they are married, in a civil union, or in a de facto relationship. A welfare guardian can also be appointed if the person has no living parents or guardians, or if their parents or guardians are not in regular contact with them. 

A Welfare Guardian's responsibilities include:

• Making decisions on behalf of a person with impaired capacity about their health, care, and living arrangements
• Protecting the person from abuse, exploitation, or neglect
• Promoting the person's best interests 

A welfare guardian can make decisions about:

• Where the person lives
• The medical treatment the person receives
• Whether the person gets married or divorced

A welfare guardian cannot make decisions about special health matters such as sterilisation, refusal to consent to life saving treatment, or to request assisted dying for the person (even if the subject person has an Advance Directive on these issues). Nor can they make decisions about special personal matters like the dissolution of a marriage or de facto relationship, consenting to the person adopting a child, or making the person's will. 

Potential Costs associated in Welfare Guardianship 

A Family Court judge appoints a welfare guardian. There is no filing fee cost with the Family Court to apply for the appointment of a welfare guardian. And having a lawyer is not strictly a requirement to make an application to become a welfare guardian in Aotearoa New Zealand. Someone can choose to prepare and file the application themselves. But while you can do it yourself, the process can be complex. The Family Court deals with sensitive and significant matters. So we recommend that if want to apply for the appointment of a welfare guardian your interests would be best served by engaging a lawyer to act on your behalf. 

Doing it yourself 

If you decide to ‘go it alone’, the Ministry of Justice can provide the necessary forms for an application to appoint a Welfare Guardian.

You can download the appropriate forms, fill them out, and then file them with the Family Court. The process and forms are different if you are applying for yourself to become a welfare guardian, or if you are applying on behalf of someone else to be appointed the subject person’s welfare guardian.

Potential Costs

While the filing fee for the application itself is zero, it's crucial for applicants to be aware of potential legal or administrative costs if they choose to seek assistance with the process.

• Lawyer's Fees: If an applicant chooses to engage a lawyer to prepare and file the application, or to provide legal advice throughout the process, those legal fees will be payable by the applicant. These costs can vary significantly depending on the complexity of the case and the lawyer's rates.
  
  
• Medical Report Costs: A medical report from a GP or other registered medical practitioner is required as part of the application, outlining the subject person's physical and mental capacities. There may be a cost associated with obtaining this report.
  
  
• Court-Appointed Lawyer for the Subject Person:  The Family Court usually will appoint a lawyer to represent the subject person (the person for whom the welfare guardianship is sought). While this lawyer is appointed by the court, the judge will consider whether the subject person has sufficient funds to pay for their court-appointed lawyer. If they do not, the cost may be covered by Legal Aid or the Ministry of Justice. This cost is not borne by the applicant unless they are also the subject person and have the means.
  
  
• Services for Application Preparation: Some organisations offer services to help with preparing the paperwork for a welfare guardianship application. These services will have their own fees.