Seeking welfare guardians for patients with reduced capacity

“The current law not terribly workable”

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 Welfare Guardians Trusts New Zealand aims to prevent.

The organisation, which provides help for people who lack the mental capacity to make health and welfare decisions, is expanding and looking for volunteers.

It has trusts in Waikato, Whanganui, Wellington (including the Hutt Valley), Otago (Dunedin and Central Otago,) and Canterbury, which also covers the West Coast. Steering committees are setting up trusts in Invercargill, Hamilton and Auckland.

Welfare guardians are appointed by the court if someone has dementia or is severely intellectually disabled, for example; and doesn’t have 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 resthome. It doesn’t include financial or property matters.

Lawyer Geoff Mirkin MNZM set up the first such trust in Dunedin 11 years ago after hearing from DHB social workers how difficult it was to find health and welfare advocates.

Many families were dysfunctional, or the person’s family were all dea. One intellectually handicapped person was an only child, whose parents had both passed away. Mr Mirkin and two hospital social workers, who were involved in elder care, set up a charitable trust to appoint and train volunteers to become welfare guardians. An elder abuse coordinator from Age Concern was also brought on board.

Many people who hold enduring powers of attorney are unsuitable or have their own mental health and paranoia issues. Mr Mirkin says recently a man removed from her house everything his mother could use to cook or make a cup of tea and refused DHB services, saying he was providing all her care and food. However, he wasn’t, and by the time police broke into her house, she was lying on the floor having not eaten for days.

Mr Mirkin says she died soon after from malnutrition. In a case like that, a doctor could contact an elder abuse coordinator from Age Concern and a welfare guardian could be appointed by the court to replace the son.