Application for protection
order when lacking capacity
If a person is eligible to apply for a protection order but lacks capacity, an application for a protection order must be made on their behalf by a welfare guardian appointed under the Protection of Personal and Property Rights Act 1988 or by a representative appointed by the court.
A person lacking capacity is someone who:
- Is unable, in whole or in part, to understand the nature of, or foresee the consequences of, decisions about their personal care and welfare, or
- Does have that capacity but is unable to communicate those decisions.
The court may appoint any person to be representative who consents in writing, who is not unable to perform the role, and who is unlikely to have a conflict of interest with the represented person.
Contact Family Lawyer
Antoinette Vujnovich
m: 021 210 0930
e: info@edenfamilylaw.co.nz
Available by appointment at 102 Jervois Road, Herne Bay, Auckland.