Becoming a Welfare Guardian & Property Administrator or Manager

Welfare guardianship is a legal arrangement in which a court-appointed guardian is responsible for making decisions on behalf of a person who is unable to make decisions for themselves due to a disability, illness, or injury.

 

In all cases a Welfare Guardian must always consult as much as possible with the person.

 

How to become a Welfare Guardian

Applying to be a Welfare Guardian for someone requires filling out five forms, two of which need to be witnessed by a Justice of the Peace or a lawyer.

One of those five forms is a medical report which is to be filled out by the person’s GP or a specialist and clearly outlines the person’s physical and mental capacities, so the court is clear that they are in need of a Welfare Guardian.

Applying to be a Property Manager or administrator also requires 5 forms, two of which need to be signed in front of a JP or lawyer.

These forms can be obtained from the Ministry of Justice website. See Spectrum Care Advocacy Services to find out more about organisations that can help you with the application.

 

Frequently Asked Questions

 

• How much does it cost?
  • There is no cost in applying to be a Welfare Guardian and/or Property Manager or Administrator unless you employ the services of a lawyer or legal adviser (and this can cost up to $3000).

• Who can apply?
  • Anyone who is over 20 years old and who the courts believe will work in the best interests of the person can apply. There can also only be one Welfare Guardian appointed to a person, unless there’s a valid reason to appoint two. There can be more than one Property Manager.

• What happens to the application?
  • Once the application documents have been lodged at the family court closest to where the individual (who requires a Welfare Guardian) lives, the court appoints a lawyer to look into the matter on the court’s behalf. This is covered by Legal Aid.

• Do I have to appear in court?
  • Very rarely will you be required to appear in court. A decision is usually made by a judge in his chambers, once he has sufficient information.

• How long does it take for the courts to make a decision?
  • That depends on how busy that court is, but can often be between 4 to 8 months.

• How long does Guardianship last?
  • The order will be made for three years or, on some occasions, five years.

• What if I don’t know of anyone who wishes to be a Welfare Guardian for our loved one?
  • You can contact organisations such as ‘Adult Guardianship Services Trust’ in Auckland or the ‘Wellington Welfare Guardianship Trust’ in Wellington.
  • Note: It is preferable that there be a person appointed who has some connection to the individual requiring a guardian. This is ideally a family member but can be a family friend or just someone who cares about the individual. Spectrum Care believes it is in the best interests of the person that they have someone not just to make important decisions around their care and welfare, but also visit with them and have a meaningful relationship.
• What if I want to look after their money or property they have?
  • Then you need to apply to be a Property Manager or Administrator through the courts. It is recommended that a Property Manager be appointed if a person with a mental incapacity has sizeable assets (over $5000 in value) and an income of more than $20,000. There is a requirement that the Property Manager keep receipts and accounts that are to be provided to the courts annually and overseen by the Public Trust.
• Where can I find out more?
  • You can go to the Ministry of Justice website by clicking here.