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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18776
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi there. I have a severely disabled daughter who turned 16

Customer Question

Hi there. I have a severely disabled daughter who turned 16 in November last year. I am currently receiving the DPB for Caring for the Sick and Infirmed. I was advised by WINZ that my daughter would be eligible to receive an Invalids Benefit now that she is 16 so we completed the necessary documentation and had our doctor complete the Medical Certificate and attended an appointment at WINZ this week only to be told that I cannot apply on her behalf as I would first need to be appointed her Power of Attorney. Having researched this, it's going to be a very costly exercise so I want to do as much as possible before incurring legal costs. Can you please advise what I can do or where I should go to reduce the costs of setting this up and what do I need to get from my daughter's pediatrician to verify my daughter is mentally incapable of making decisions for herself.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The application is made to the Family Court, and you should be eligible to get legal aid for this.
christhelawyer : The application is something you could do yourself if you feel confident with the paperwork. There is an application and affidavits in support which are needed and these are filed in the court. The medical evidence can also be included as part of the affidavit evidence, and will be something the paediatrician should know about. It will state that in their opinion, your daughter is incapable of understanding the financial side of her affairs.
christhelawyer : You should also get appointed for welfare as well as property so you can make medical decisions.
christhelawyer : Your local community law Center will also be able to help with the forms. There will be a brief court appearance, but the judges are used to people appearing in person.
christhelawyer : You can access the forms here http://www.justice.govt.nz/courts/family-court/forms/list-of-forms/forms-for-proceedings-under-protection-of-personal-and-property-rights-act-1988
christhelawyer : They have a guide to completing the forms on that site which is also useful
Customer :

Thanks for that. I've just checked out the website link you gave me but I'm unsure as to which forms I should complete. Would it be PPPR06 and PPPR08?

christhelawyer : Yes, those are the correct forms.
Customer :

Awesome, thank you so much. I'm comfortable with the information required in those forms so happy to take it from here now. Thanks again.

christhelawyer : Great, glad to help

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