What happens if a family member can't make decisions for themselves?

Common question · Mental Health & Capacity Law · New Zealand · 23 October 2026

General information from Lawmateanz

If an adult loses capacity and hasn't made an enduring power of attorney, family members in New Zealand can apply to the Family Court under the Protection of Personal and Property Rights Act 1988.

The court can appoint a welfare guardian for personal and care decisions, or a property manager to look after their finances.

The court will only make orders if necessary, and in the least restrictive way. A lawyer is appointed to represent the person concerned.

Legal aid may be available. Community Law Centres and family lawyers can help with the application.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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