Appointment of litigation guardian — incapacitated person — Property (Relationships) Act 1976 — Family Court Rules 2002, r 90 — In the Matter of Goldman [Removal of Litigation Guardian] [2016] 3 NZFLR 331 — SMF v PF [appointment of representative] [2013] NZFLR 1105 — Gill v Gill High Court Auckland 4/ 10/ 11 CIV 2011-404-3097. This hearing was to determine who would act as litigation guardian for the subject person. The subject person was going through litigation regarding the estate of her deceased de facto partner. Unfortunately, her mental capabilities deteriorated to the extent she needed a litigation guardian. She chose her son, ST, but her neighbour, PA, opposed that decision and sought to fulfill the role herself. ST had also been appointed as his mother's welfare guardian and property manager on an interim basis. The Judge determined it was in the best interests of the subject person if her son were to continue acting as litigation guardian. He had already sought legal advice and had almost the same legal and moral interest as his mother in her claim against the deceased's estate. It was likely he would be able to better represent her interests. He was also likely to become property manager permanently and a division of these roles could create difficulties. Further, PA actively disliked ST and his wife as well as the deceased and his family. This dynamic could further alienate the subject person from her family if PA were appointed litigation guardian. Judgment Date: 14 October 2019. * * * Note: names have been changed to comply with legal requirements. * * *