How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

Mum has gone into residential care they are over the threshold

Customer Question

Mum has gone into residential care they are over the threshold for subsidy and my step father won't contribute to her care saying she can use her own money (from my Dad & Grandfathers estate)they have been married 33 years .I'm epa he won't speak to me What can I do legally
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
If he refuses to help you could tell him that that means he is treating this as a separation and you will need to make a Property Relationship Act application to the Family Court to access her half share of their assets. Any inheritance is usually separate property unless it is mixed with relationship property, so the estate money may be protected if it was kept separate.
Customer: replied 1 year ago.
Is there any other option as Mum would never apply for a separation and I couldn't do this as IPA
Expert:  Chris The Lawyer replied 1 year ago.
You could tell him as her Attorney, that you have the right to recover money in terms of his promise to support her