When does guardianship end?


Guardianship usually ends when the child turns 18. Parents have no legal responsibility for their tamaiti / child after this. However, guardianship can end earlier if: 

  • The child gets married or enters a civil union
  • The child lives with another person as a de facto partner
  • The Family Court removes the guardian. They will only do so if the find it is in the best interests of the child.

However, guardianship of a child does not end at 18 years of age if: 

  • The Family Court appointed the guardian for a limited time, and that time has not ended
  • The Family Court appointed the guardian for a specific purpose, and that purpose has not been carried out.

If the person is under 18 years of age, the guardian can consent to surgery on their behalf. If the person is over 18 years of age, they cannot. However, if the adult over 18 years of age lacks capacity and there is no Welfare Guardian or Personal Care Power of Attorney arrangement in place, then no one can sign a consent form authorising surgery on behalf of the individual.

Despite the information above, please note there are more and more circumstances where the Courts are giving people younger than 18 years of age the right to make important decisions for themselves. This is particularly occurring in the health context relating to medical consent.