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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22488
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I would like to know what forms do I need to complete to

Customer Question

Hello, I would like to know what forms do I need to complete to appose a welfare guardianship application for subject my elderly mother?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Auckland NZ
JA: Have you talked to a lawyer yet?
Customer: No, the family are representing ourselves at this moment in time until we raise funds.
JA: Anything else you think the lawyer should know?
Customer: We have been served documents which we have 21days to appose - is it alright to use the same avifdavit for each family member? there are 5 of us.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.

Hi I am just reading this now

Expert:  Chris The Lawyer replied 6 months ago.

There isnt a presribed form but you need to file a notice of intention to appear, and file affidavits in support. If you are all opposed you can use the same form to indicate this. Is there a reason you oppose this person named in the application? I will post a form you can used, based on the front page of the documents you have filed

Customer: replied 6 months ago.
My 32 year old niece has applied for property manager and welfare guardianship as she was brought up by our mother and believes she can do a better job than us 7 siblings including her mother. Her motive is she has formed a unhealthy possessive attachment due to our mother and has engaged a lawyer and served us 7 siblings orders.
Customer: replied 6 months ago.
The family court have appointed a lawyer to represent my mother however my mother hasn't met or spoke with anyone yet. I am existing EPOA for personal care and welfare - not sure about property however that's being challenged at the moment. My mother has moderate dementia and is currently being looked after by a sister and her husband. She is safe, warm, well fed and clean. We relocated her last week from living on her own to being closer to the family and my niece doesn't like it.
Expert:  Chris The Lawyer replied 6 months ago.

If there is an existing EPOA then there would need to be very good reasons to change this. I would suggest you get a lawyer to oppose but the form to base the appearance on is pasted below-adapt so it looks like the forms served on you

Expert:  Chris The Lawyer replied 6 months ago.

In the District Court

at File No CIV

In the Matter of

Between

Applicant

And

Respondents

NOTICE OF OPPOSITION

>

TAKE notice that (your names) intend to oppose the interlocutory application by the (person making application) dated the [ insert date] and for hearing on the [insert date].

[your names] are opposed to the making of the orders numbered [what is used] in the notice of application.

The grounds on which [your names] opposes the making of the orders are [concisely state grounds].

[your names] relies upon [Protection of Personal and Property Rights Act 1988].

Dated [insert date].

___________________________________________________

Signed by [your names]

To: ***** of the District Court at [Court where this is heard]

And to: ***** *****

Our address for service of documents is at [insert physical address]

Customer: replied 6 months ago.
Now I remember before providing my visa debit card details that i had a free trial but the email said my card would be debited $48. Do I just copy and paste form on to a word doc?
Expert:  Chris The Lawyer replied 6 months ago.

Yes, you can use this like that. i suggest you take the form down to the court and make sure they are ok with it. You should still preferably instruct a lawyer though

Customer: replied 6 months ago.
Will do thank you. *****'m really worried that I've been charged $48 in error because I thought it was $5.00 and then I saw a free trial posted as well. In my haste I only agreed to the $5.00 fee. what do you suggest I do?
Expert:  Chris The Lawyer replied 6 months ago.

I dont handle the accounting side, just the law. So send a query to***@******.***

Customer: replied 6 months ago.
Thanks Chris. Bye for now.
Expert:  Chris The Lawyer replied 6 months ago.

I hope this helps

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