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My husband and myself, want to act for our two special needs…

Customer Question
My husband and myself...

My husband and myself, want to act for our two special needs adult children with regards ***** ***** finances. The facility where they reside, do not want to do that any further. We do not want to go to legal guardianship, that is not feasible, what other way is there that we can show proof if need that we are the legal parents please?

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

In NZ

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

Might have to do that at some stage I guess, we have a family trust that will show the information re the kids, maybe that would do?

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

What the cost please?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Just want a short answer, is any way can be done without all the stuff connected with guardianship, we know about that, not good. Maybe be enough to show the information needed if use the papers from the trust where the children are named as recipients of the trust.

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 8 minutes by:
11/26/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,547
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today.

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

There are two ways in which you can look after your special needs adult children. The first depends on whether they are capable of understanding documents about these decisions, which would be enduring powers of attorney for property and for health and welfare. If they are unable to understand documents of that complexity, then you don't have any option except to apply to become a property manager and a health and welfare manager through the Family Court. Unfortunately where the person you are seeking to protect, cannot understand the documents, this is the only legal way to get the power which you need to look after them.

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

I suspect from your question you may have been given some advice about making the application to the Family Court. Was there any particular reason why you don't want to go down that path?

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Customer reply replied 4 months ago
We went down that path in first place, self seeking greedy local 'kiddy' lawyer Adrian Tisch, tried to claim our daughter for IHC as a full adult, then tried hooking in our son who was not with IHC..He caused much pain and heartache and in the end I left the country with my daughter, and his case for her and our son was thrown out...no way! He has been the highest earning independent, 'kiddy' lawyer in nz. Note! the children were and are full adults! complaints made against him to Law council..End of...we will not pursue that course..thanks for help Jennifer.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

The problem is that if you want to look after the children, then there is no other way of managing their affairs other than going to the Family Court. There is nothing to stop you from making the application yourself, but it is somewhat technical.

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