# Protection for older people against abuse or neglect — Community Law Manual

**Source URL:** https://communitylaw.org.nz/community-law-manual/test/protection-for-older-people-against-abuse-or-neglect/
**Publisher/Organisation:** Community Law Centres o Aotearoa
**Date accessed:** June 2026
**Publication date:** Regularly updated (no single publication date)
**Folder/category:** 06 Legal and Financial Planning
**Source type:** Web capture
**NZ-specific:** Yes
**Reliability rating:** High (authoritative legal resource)

## Why this source matters

The Community Law Manual is one of the most accessible and trusted free legal resources in New Zealand. This section specifically covers legal protections for older people, including elder abuse, family violence orders, powers of attorney, and criminal law protections for vulnerable adults. The KB previously had very little in the Legal & Financial folder (only an EPA form), so this fills a critical gap.

## Summary

This section of the Community Law Manual covers:

- Using a power of attorney to plan for your future
- Family violence and elder abuse
- Protection orders for older people
- Criminal law protections for vulnerable adults
- Enduring powers of attorney (EPOA) — full chapter
- The role of the Family Court and the High Court in protecting older people
- The Protection of Personal and Property Rights Act 1988 (PPPR Act)
- Welfare guardians and property managers appointed by the Court

## Key facts and details

- Elder abuse can be physical, psychological, financial, or neglect
- The PPPR Act 1988 allows the Family Court to appoint welfare guardians and property managers for people who lack capacity
- **Welfare guardians** make decisions about where a person lives, their medical treatment, and daily care
- **Property managers** manage finances and property
- Anyone can apply to the Court for an order, including family members, caregivers, or a social worker
- The Court must be satisfied the person lacks capacity to make their own decisions
- Orders can be made on a short-term or long-term basis
- **Enduring Powers of Attorney** are the less restrictive alternative to Court-appointed managers

## Relevant figures, thresholds, dates, or eligibility rules

- **Protection of Personal and Property Rights Act 1988** — the primary legislation
- **Family Violence Act 2018** — covers elder abuse in family contexts
- **Crimes Act 1961** — criminal law protections (neglect, ill-treatment)
- EPOAs can be set up at any time while the person has mental capacity
- Two types: Property EPOA and Personal Care & Welfare EPOA
- Property EPOA can take effect immediately or only on loss of capacity
- Personal Care & Welfare EPOA only takes effect when the person lacks capacity
- EPOA must be witnessed by a lawyer, legal executive, or authorised trustee corporation representative

## Important excerpts

> "Elder abuse is not always family violence — it can also be financial or psychological abuse by someone who is not a family member, such as a carer, neighbour, or trusted advisor."

> "If a person has not made an enduring power of attorney and then loses mental capacity, the only way someone can get legal authority to make decisions for them is to apply to the Family Court."

## Related links

- [Community Law Manual - EPOA Chapter](https://communitylaw.org.nz/community-law-manual/chapter-10-decision-making-and-powers-of-attorney/enduring-powers-of-attorney-planning-ahead-by-choosing-someone-to-make-decisions-for-you/)
- [How to create an EPOA](https://communitylaw.org.nz/community-law-manual/chapter-10-decision-making-and-powers-of-attorney/enduring-powers-of-attorney-planning-ahead-by-choosing-someone-to-make-decisions-for-you/how-to-create-an-enduring-power-of-attorney-epa/)
- [Family violence and elder abuse](https://communitylaw.org.nz/community-law-manual/test/family-violence-and-elder-abuse/)
- [Age Concern New Zealand](https://www.ageconcern.org.nz)
- [Office for Seniors - EPOA](https://www.officeforseniors.govt.nz/our-work/promoting-enduring-power-of-attorney/)

## Notes for future updates

This is a web resource that is updated regularly. Check back for changes to legislation. The entire Community Law Manual should be linked/referenced rather than fully captured as it is extensive.