AU v BV [2020] NZFC 2165

Published 18 September 2020

Application for appointment as welfare guardian — vulnerable person — dementia — Alzheimer's — property manager — personal order — rest home — COVID-19 — interim appointment. The subject person was an elderly woman who had been diagnosed with dementia. It had been agreed that the Public Trustee would act as her property manager but there were competing applications for the position of welfare guardian. The applicant was the subject person's stepdaughter and believed that her stepmother needed to be placed into a rest home in order to receive the care she needed. The respondent was the stepdaughter of the subject person's partner, and she believed the subject person could be cared for at home. Due to COVID-19 and lockdown restrictions, all involved parties could not appear in Court and so submissions were made by all counsel with relation to documents already in front of the Court. A needs assessment report conducted by a doctor and social worker found it would be best for the subject person to be cared for in a home. For this reason the Judge appointed the applicant as the interim welfare manager. This appointment would be reviewed when all parties could appear in Court so that the most accurate information would be before the Court before a permanent decision was made. Judgment Date: 24 March 2020. * * * Note: names have been changed to comply with legal requirements. * * *