ENGERGETIC AND RELIABLE GARDENERS TO MAINTAIN GARDENS

An elderly woman who starved to death because her adult son had mental health issues and couldn’t look after her properly is the type of tragic outcome Canterbury-West Coast Welfare Guardians Trust aims to prevent.

The Trust, which provides help for people who lack the mental capacity to make health and welfare decisions (not property or financial decisions), is expanding and looking for volunteers. It is part of a national network of trusts in Waikato, Whanganui and Otago. Steering Committees are setting up trusts in Invercargill, Hamilton and Auckland.

diminishing capacity until an event, such as a medical crisis, brings them to the attention of their doctor or a social worker. If a GP or social worker thinks a patient lacks the capacity to make medical decisions about their own care and welfare, they can refer them to their local Welfare Guardianship Trust for help.

Why should young people have the fun? When it’s a new relationship, there are no rules that it’s just for young people!

Just as a young person takes sensible preventative steps in these situations, so should those of us who are more experienced (I mean older!). For us, one of the things we most need to protect is the assets we have built up during our lives. Think of the hard work, the reversals we have suffered, the sacrifices and the luck (both good and bad). There’s no sense in exposing those hard-earned assets to any risk, especially later in life. What sort of risks? Well, if one forms a new relationship and a new partner moves into your house and the relationship lasts for 3 years, that house might become the “family home” in the eyes of the law and be up for equal division if you separate.

Most Kiwis are well aware, however it is amazing how many people fail to protect themselves when they go into a new relationship. We hear stories…. “We’re in love, I know they won’t do that” or “I trust her/him, she would never do that” or “we’ve talked about it and agreed that he/ she will never make a claim against the house”. Really? There would be fewer relationship property lawyers if that was the case.

It’s always tricky to define when dating has turned into a relationship – but it’s pretty clear when the new partner has moved into the house with you! The conventional way of protecting your assets is a contracting out agreement. Some people call these prenups. There is quite a bit of formality in getting these done but your friendly lawyer can guide you through that process.

Welfare guardians are appointed by the court if someone has dementia or is for some other reason unable to make or communicate decisions for themselves. Most of the time there will be a relative or friend who can apply to the courts on their behalf about things like non-urgent medical treatment or accommodation, for example, moving into a rest-home but this is not always the case.

Struggling and mobile families

Families move around the world, people live longer, and sometimes there’s no-one to help if a person becomes incapacitated and can no longer make health and welfare decisions for themselves. For example, one intellectually disabled person assisted by the Welfare Guardianship Trusts was an only child, whose parents had both died and who had no-one to help.

Legal limbo

The referral is usually made via the website (https://welfareguardians. nz/?canterbury) or an email to the Trust (cwcwgt@gmail.com). The Trust assesses the referral and aims to assign a volunteer Welfare Guardian with matching location, background, and experience. The Family Court then formally confirms that relationship for an initial three year term.

Hunting for volunteers

With an ageing population, demand for welfare guardians has grown but with two people having to work in most households, it’s harder to find volunteers. The Trust recruits volunteers, trains them and supports them in their role.

Helping and kindness

There are a variety of ways volunteer Welfare Guardians can help - such as talking, going out for coffee or going for a walk together. The Welfare Guardian responds to what their assigned person wants to do or can do. Frequency of contact, visits or phone calls and duration of visits are managed pragmatically with most volunteers visiting or having some contact each month.

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The moral of the story – whether you are 30, 50 or 70 (or older), the same sensible protections need to be thought about. It’s never too late for romance or a new relationship, but don’t leave it too late to protect your assets with a properly done Contracting out agreement.

People who do not have legal capacity to make decisions for themselves and who don’t have a welfare guardian (either through an enduring power of attorney or a court order) will be in legal limbo until a welfare guardian is appointed and this can affect things like movement into a rest-home which may require a welfare guardian to be in place.

Referrals to our service

People often manage with

The Welfare Guardians also build a positive relationship with staff at the care facility if the person is in residential care. They are also involved with medical decisions or reviews of care plans but they are supported in this role by the trustees of the Welfare Guardianship Trust.

Anyone interested in applying to be a Welfare Guardian or finding out more can contact the trust via https:// welfareguardians.nz/?canterbury or email to cwcwgt@gmail.com.