Losing mental capacity can be an expensive exercise if you do not have your house in order. It can also be a stressful time for family and loved ones already trying to deal with your often sudden loss of mental capacity.
If you have not taken the practical step of completing enduring power of attorney then no-one is going to be in a position to make decisions relating to your personal care and welfare and your real and personal property will be tied up until such time as the court appoints someone to manage your affairs. The process is administered by the Family Court which in New Zealand is a part of the District Court.
Obtaining orders of the court can be very time consuming, particularly if family and loved ones are not in agreement as to who should seek appointment. Furthermore, regardless of whether the process is a relatively smooth one or not it will take several months and cost many thousands of dollars.
To ensure that the best interests of the subject person are met the court appoints 'counsel for the subject person' chosen from a panel of lawyers experienced in these matters. That person is paid out of a consolidated fund. Their role is to interview the subject person as well as those seeking to be appointed as welfare guardian and property manager in order to satisfy the court that the appointments are in the best interests of the subject person.
If you have not taken the practical step of completing enduring power of attorney then no-one is going to be in a position to make decisions relating to your personal care and welfare and your real and personal property will be tied up until such time as the court appoints someone to manage your affairs. The process is administered by the Family Court which in New Zealand is a part of the District Court.
Obtaining orders of the court can be very time consuming, particularly if family and loved ones are not in agreement as to who should seek appointment. Furthermore, regardless of whether the process is a relatively smooth one or not it will take several months and cost many thousands of dollars.
To ensure that the best interests of the subject person are met the court appoints 'counsel for the subject person' chosen from a panel of lawyers experienced in these matters. That person is paid out of a consolidated fund. Their role is to interview the subject person as well as those seeking to be appointed as welfare guardian and property manager in order to satisfy the court that the appointments are in the best interests of the subject person.
