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Public Trust v AL [2023] NZFC 2812

Published 30 January 2024

Appointment of property manager — appointment of welfare guardian — partial incapacity — Protection of Personal and Property Rights Act 1988 ss 5, 8, 12, 28 & 31. An application was made to appoint a property manager and welfare guardian for the subject person who had an ongoing mental disability due to a traumatic brain injury. The subject person had been living with his parents but had recently moved in with his long term support worker, and the application was to appoint her as property manager and the subject person's mother as welfare guardian. The subject person was found to be partially incapable to manage his own property, which fulfilled the requirements for an appointment of a property manager. The subject person's support worker was seen as the best candidate due to the established trust between the two, and an order was made to that effect. Section 12(2) prevented the courts from appointing a welfare guardian unless the subject person was found to be wholly incapable. Therefore the Court was unable to make an order until a further report from the subject person's general practitioner was provided. Judgment Date: 21 March 2023 * * * Note: names have been changed to comply with legal requirements. * * *