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If someone is guardian of a family member who are not

Customer Question
If someone is guardian...

If someone is guardian of a family member who are not related, are the next of kin (family able to revoke the situation the person is in even thought the family is not the guardian

Lawyer's Assistant: Family law varies by state. What state are you in?

This person lives overseas New Zealand

Lawyer's Assistant: Have you talked to a lawyer yet?

No because first we don't have one and I don't have the fees to pay. I don't know how much they are

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will this cost me anything

Submitted: 8 months ago.Category: New Zealand Law
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Answered in 15 minutes by:
9/21/2017
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,631
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

Normally a guardian is appointed by the family court. The parents are automatically guardians but sometimes the court will appoint somebody, as appears to be the position. Guardianship generally ends when the child turns 18. Parents are not usually removed as guardians unless there is a major problem. In your case who is the additional guardian?

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Customer reply replied 8 months ago
The reason why we want to become power of attorney because we are unhappy. Medical pills (blood pressure) have not been given to her. Also we have been following up on her Dr appointments and she has not had a regular check up or seen a doctor since March 2017. She is also attending a care facility where she goes part time and we have been informed that her hygiene has not been too great. Now this all changed when my sibling moved to where our mother lives, all of sudden she hasn't been neglected in the last 3weeks. It saddens me. We cannot afford a lawyer but will do anything to make it right for our mother.
Customer reply replied 8 months ago
It's like they wanted to kill her off slowly by taking her blood pressure pills away from her which she needs
Customer reply replied 8 months ago
We want to take the reigns off her partner (they are not married) but don't know what to do because he has guardianship of her
Customer reply replied 8 months ago
I need something to go on so I can prepare to fight for my mum
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

I see you are actually talking about a welfare manager. Like other forms of guardian, if someone has appointed a manager for welfare issues as an enduring power of attorney, then they can only be removed by an application to the family court. If you are concerned about the present welfare guardian, you should address those issues to that person direct, but as you say, it is expensive to apply to the family court to replace that person. But you should also talk to her doctor and other medical advisors, who can independently chase up any treatment issues. It might be that her partner is not coping with the responsibilities, but he should consult with members of the family. Are you able to discuss matters with him?

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Customer reply replied 8 months ago
My siblings live in New Zealand and don't feel comfortable what so ever when they go to his house.
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

Is your mother and her partner both elderly? Do you think her partner is not coping very well?

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Customer reply replied 8 months ago
Oh by the way my mother has dementia
Customer reply replied 8 months ago
also has diabetes
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

If she has dementia, then it is likely she will eventually move to full residential care. But you can insist that her partner consults with you, because one of his duties as her welfare guardian is to consult with family

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Customer reply replied 8 months ago
We really don't want him to have the last say if anything should happen to our mother. When my siblings use to go visit my mum it would always end in arguments so that's why they no longer go there. I just want to do the right thing the right way
Customer reply replied 8 months ago
Thank you for listening I needed to rant it out
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

I do understand that when people get old and suffer from issues like dementia, it is very difficult to provide support. It may be useful to get the family to talk to medical advisers and social workers, because if her partner is being difficult, that sometimes means that he also has medical issues. So if he is not making good decisions, you could bypass him to her carers.

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Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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