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Permanently incapacitated

When a client is permanently incapacitated, that is, they are not mentally or physically able to manage their own affairs, a person may undertake various tasks on behalf of the client if Ministry of Social Development is satisfied that the person is acting in the client's best interests.

Court Orders

An application can be made to the Family Court to appoint a person to act on their behalf. These orders are made under the Protection of Personal and Property Rights Act 1988.

The Court Order will provide verification that the person has been appointed to act on the client's behalf and the duties they may perform. While a court order is the preferred option it cannot be insisted upon.

For more information see:

No Court Order

In exceptional circumstances, a person can still act on behalf of a client when there is no court order in place.

The Protection of Personal and Property Rights Act 1998 does not require a court order to be in place, however, you must ensure that the person acting of the client will act in the client's best interests and in good faith.

In these circumstances, the agent may:

  • complete application forms on behalf of the client and
  • supply relevant personal information about the client to enable assessment of their entitlement to benefits, for example details of income and assets

The use of such an agency should be made carefully, and should be in place to ensure the client's needs are met. Generally, for long-term or complex cases, you should recommend that the client's agent apply to have their role confirmed by the Court. Consult your service delivery solicitor if you are unsure about this.

For the guidelines to follow when appointing an agent due to the client being permanently incapacitated, see:

Legislation

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