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SS v BL [2021] NZFC 5967

Published 26 April 2023

Appointment of welfare guardian — appointment of administrator of property — final orders — schizophrenia — Protection of Personal and Property Rights Act 1988, ss 5, 8, 12 & 28. There was a dispute over who should be appointed as the subject person's welfare guardian, with the subject person and her rest home voicing concerns about the appointment of the subject person's sister. The subject person's capacity was initially challenged, defined as the ability to understand information, weigh up risks and benefits, make reasonable decisions and have a consistent opinion of thought over time. This challenge was later dropped as counsel for the subject person acknowledged that the medical evidence provided by two psychiatrists and one general practitioner established a lack of the requisite capacity. Counsel for the subject person referred to the Court's obligation to make the least restrictive option. The Court held that the appointment of a Welfare Guardian was the only satisfactory way to ensure that the necessary decisions would be made for the subject person's personal care and welfare, with ongoing mental illness and palliative care decisions in relation to the subject person's diagnosis of cancer facilitated by such a person. The Judge determined that the Court had jurisdiction to make such orders, that the orders should be made, and that the subject person's sister was a suitable appointment for the role. Judgment Date: 28 June 2021 * * * Note: names have been changed to comply with legal requirements. * * *