Family Law Resources

To apply for a property manager in New Zealand, you file an application for a property order in the Family Court under the Protection of Personal and Property Rights Act 1988, supported by a medical expert report and an affidavit. The court must be satisfied the person wholly or partly lacks the competence to manage… Continue reading How to Apply for a Property Manager in New Zealand: The Family Court Process Explained

A welfare guardian makes personal care and welfare decisions for someone who has lost capacity, such as where they live and what medical treatment they receive. A property manager makes financial and property decisions, such as paying bills, managing bank accounts and selling assets. They are two separate Family Court orders under the Protection of… Continue reading Welfare Guardian vs Property Manager: What Each Role Can and Cannot Decide

The Protection of Personal and Property Rights Act 1988 (Act) is the New Zealand law that sets out who can make decisions for an adult who has lost the mental capacity to manage their own life. It lets the Family Court appoint a welfare guardian for personal care decisions and a property manager or administrator… Continue reading The PPPR Act 1988 Explained

An enduring power of attorney (EPA) is a legal document that lets you choose someone to make decisions for you if you lose the mental capacity to make them yourself. New Zealand has two types: one for property and one for personal care and welfare. Both are governed by the Protection of Personal and Property… Continue reading Enduring Powers of Attorney In NZ: The Complete Guide

When someone loses mental capacity without an enduring power of attorney (EPA) in place, their family has no automatic legal authority to step in and manage their affairs. Banks may restrict access to accounts, medical providers will limit the decisions the family can make, and property can’t be sold or transferred without a court order.… Continue reading Lost Mental Capacity Without an EPA: What Happens Next in New Zealand

When a partner passes away, de facto partners in New Zealand have significant legal rights that can override the wishes expressed in a will. Understanding these rights is essential for protecting your interests during what is already a difficult time. This article explores the legal protections available to de facto partners when challenging will provisions… Continue reading What Rights Do de Facto Partners Have In Will Disputes?

If spouses, civil union partners, or people in a de facto relationship (each a Partner) separate, how is their property to be divided after separation? Who gets what? One of the fundamental principles of the Property (Relationships) Act 1976 (Act) is that Partners are entitled to an equal share of their relationship property. This article… Continue reading Equal Sharing of Relationship Property

The Property (Relationships) Act 1976 (Act) sets out how the property of spouses, civil union partners, and parties to a de facto relationship (Partner) is to be divided when they separate or one of them dies. One of the key presumptions is that relationship property will be divided equally. However, Partners are not stuck with… Continue reading Contracting Out of the Property (Relationships) Act 1976