Whom do we invite to be Aroha directors and why?
An Aroha board (numbering between 5 and 9) usually includes both family and non-family directors. While parents are still well and willing, it’s good to have them and the person herself as directors. Siblings and other relations may be candidates. But it’s good to plan about half the directors to be non-family friends.
Above all director should be people who know and care about the person and spend time together and share interests. Aroha directors and the person should feel comfortable together and be able to interact. The person should regard each director as a trusted friend.
Aroha directors should be able to get along with one another. They may not have known each other before becoming directors. It’s wise to invite people who compatible but of various ages and interests shared with the person.
As in any not-for-profit corporation, directors should be respected and blameless members of the community. The Aroha is required to discharge various legal responsibilities. To avoid any conflict of interest, a director should not be someone who stands to benefit in any way from the role, such as a currently employed worker or service provider. (Directors may claim to be reimbursed for expenses incurred in their roles). People who had paid work with the person in the past, such as support workers or teachers, would be eligible.
Our image of directors of corporations and boards may be of businessmen or professionals. It can certainly be useful to know a friendly lawyer or accountant in one’s circle. But such a person might be persuaded to help without actually being a director. It’s much more important to know and care about the focus person than to be a typical company director. Involvement, caring, and standing by the person are valued over technical expertise.
How do we set up and maintain an Aroha?
1. Think through the rationale and process of setting up a legal entity. Discuss the feasibility with closest family members and friends and explain the essence to your son or daughter. Ensure that the focus person has ways to understand options and make decisions about her/his life. These should seem valid and authentic to people closest to the person. We recommend a supported decision-making agreement using whatever means work for that person.
2. Do you already have a circle of friends or personal support network, the core members of which might agree to form an Aroha? Who of our relatives and friends would be willing and able to serve as directors? What are their gifts and abilities? Do they represent various ages, abilities and interests?
3. Decide the most important roles of an Aroha in sustaining the good whole life of your family member. What do you want the Aroha to do now, and what in the longer term future? These should be expressed in formal language in the “objects of incorporation”.
4. Consider if you can handle the formal incorporation. An Aroha is a not for profit corporation without share capital. There are online templates and advice. Of course, it’s wise to run your action by the lawyer who may have set up your Henson Trust and your wills. Tasks include:
-Choosing a corporate name. You will have to pay an approved searcher of records to ensure the name is not already in use, and you have to get the formal permission of a living person to use his or her name;
-Completing and submitting the application form, with names of at least three founding directors (but plan for 5 to 7 eventually); objects of incorporation (see models).
-Drafting bylaws to guide operations.
5. Be aware of ongoing responsibilities of “corporate maintenance”—filing, changing legal information, record-keeping, auditing, and meetings. Also please note the following:
6. After submitting your application, with a fee, you may have to wait a month or receive your Letters Patent. If your application is complete and clear, and you request expedited processing for an added fee, you may get a reply within ten business days.
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