Best Guardianship Lawyers in New Zealand

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Harris Tate Lawyers

Harris Tate Lawyers

Tauranga, New Zealand

Founded in 1995
50 people in their team
Originally founded by Ross Harris in 1980 before partnering with Alan Tate in 1995, Harris Tate has become one of Tauranga’s most trusted law firms...
Māori
English

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About Guardianship Law in New Zealand:

Guardianship in New Zealand refers to the legal arrangement where a person is appointed to make decisions on behalf of another individual who is unable to make decisions for themselves. This could include decisions about healthcare, accommodation, and financial matters. The Guardianship Act 1968 sets out the laws around guardianship in New Zealand.

Why You May Need a Lawyer:

You may need a lawyer for guardianship issues in situations where there are disputes over who should be appointed as a guardian, disagreements about the care of a vulnerable person, or when navigating complex legal processes related to guardianship. A lawyer can provide advice, represent you in court, and help ensure that the best interests of the person in need of a guardian are protected.

Local Laws Overview:

In New Zealand, the key aspects of guardianship law include the process of appointing a guardian, the powers and responsibilities of a guardian, the rights of the person under guardianship, and the role of the Family Court in resolving disputes related to guardianship. It is important to understand these laws to navigate guardianship issues effectively.

Frequently Asked Questions:

1. What is the difference between guardianship and custody?

Guardianship refers to decision-making authority over a person's care, while custody typically relates to physical custody of a child. Guardianship involves broader decision-making powers.

2. How do I apply to become a guardian in New Zealand?

You can apply to become a guardian through the Family Court by filing an application and providing evidence of your relationship to the person in need of a guardian and your suitability to act as a guardian.

3. Can a guardianship arrangement be changed?

Yes, a guardianship arrangement can be changed through the Family Court if there is a significant change in circumstances or if it is in the best interests of the person under guardianship.

4. What rights does a person under guardianship have?

A person under guardianship retains the right to be treated with dignity and respect, to have their views considered, to receive appropriate care and support, and to have their cultural and religious beliefs respected.

5. Can I challenge a guardianship decision in court?

Yes, you can challenge a guardianship decision in court if you believe it is not in the best interests of the person under guardianship. It is advisable to seek legal advice before taking this step.

6. What are the responsibilities of a guardian in New Zealand?

The responsibilities of a guardian include acting in the best interests of the person under guardianship, making decisions about their care and well-being, and consulting with the person under guardianship whenever possible.

7. Can a person have more than one guardian?

Yes, a person can have more than one guardian appointed to different aspects of their care. This arrangement should be clearly defined in the guardianship order.

8. How long does a guardianship order last?

A guardianship order can be made for a specified period of time or until the person under guardianship no longer requires a guardian. It can also be revoked or varied by the Family Court.

9. Can a family member be appointed as a guardian?

Yes, a family member can be appointed as a guardian if they are deemed suitable and it is in the best interests of the person under guardianship. However, the Family Court will consider all relevant factors before making a decision.

10. What should I do if I have concerns about a person's guardianship arrangement?

If you have concerns about a person's guardianship arrangement, it is important to seek legal advice and, if necessary, raise your concerns with the Family Court. The court has the authority to review and intervene in guardianship arrangements if needed.

Additional Resources:

For more information about guardianship in New Zealand, you can visit the Ministry of Justice website or contact the Citizens Advice Bureau for guidance. These resources can provide further information and support for individuals dealing with guardianship issues.

Next Steps:

If you require legal assistance with guardianship issues in New Zealand, it is recommended to consult with a qualified lawyer who specializes in family law and guardianship matters. They can provide you with tailored advice and representation to help you navigate the legal complexities of guardianship law and ensure the best outcome for all parties involved.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.