CURATORSHIP APPLICATIONS
Does your elderly parent need assistance in managing their affairs?
Curators assist by protecting the interests of those who can no longer manage their own affairs.
When an elderly or vulnerable person is no longer able to manage their financial or personal affairs, a curatorship application may provide a legal framework to protect their interests and ensure that their affairs are properly managed.
At Joseph Attorneys, we assist families in navigating the curatorship process, including the preparation and submission of applications to the High Court and related legal requirements.
We understand that these matters can be difficult for families. Our approach is to provide clear, professional legal guidance throughout the process, while keeping the best interests and dignity of the individual at the centre of the matter.
If you are concerned about a loved one's ability to manage their affairs, contact Joseph Attorneys to discuss your circumstances and the legal options available to you, a brief outline of the process is mentioned below:
A Curator is a "legal guardian" appointed by the High Court of South Africa following an application brought by an interested party (usually a family member), to manage the estate of an individual who is deemed to be incapable of handling their own estate. The reason for incapacity can be due to various reasons, with the most common being the decline of cognitive health due to mental illness; or severe physical disability which limits the individuals ability to manage his/her own financial or personal affairs. Once the Curator is appointed by the High Court, they act in the best interests of the individual whom they are appointed to represent and protect
THE DIFFERENT TYPES OF CURATORS AND THEIR RESPECTIVE DUTIES
CURATOR AD LITEM
The Curator ad Litem (usually an Advocate of the Johannesburg Bar), will investigate the necessity of the appointment of a Curator Bonis (Curator appointed to administer the assets and finances of the Patient) as well as investigate the necessity of the appointment of a Curator Personae (Curator appointed to administer the personal decisions of the Patient). The Curator ad Litem will interview the Patient and interview the relevant medical practitioner/s that have reported that the Patient requires the assistance of a Curator as the Patient can no longer manage their own affairs because of a decline in their cognitive health. The Curator ad litem then prepares a report on their findings, which will be used in support of the second portion of the process.
CURATOR BONIS
The Court appoints a Curator Bonis to manage the financial affairs and assets of the incapacitated person.
The
Curator Bonis has the power:
·
To receive, take care of, control and administer
all the assets;
·
To carry on/or discontinue, subject to any law
which may be applicable, any trade, business or undertaking;
·
To acquire, whether by purchase or otherwise,
any property, movable or immovable, for the benefit of the estate; and
·
To apply any money for the maintenance, support
or towards the benefit of the person; to invest or re-invest any funds etc.
CURATOR PERSONAE
A Curator Personae is
appointed to make decisions concerning the care and welfare of an incapacitated
person. This includes consenting to medical treatment and ensuring the
person's physical well-being. A spouse is often appointed as the curator
personae if they are deemed fit to perform this role.
Our services include but are not
limited to:-
·
Initial Consultation and Assessment – We
will discuss your family member’s situation, explain the legal options, and
advise on the necessary steps.
· Application Preparation – We meticulously
prepare and lodge the application with the Master of the High Court (for an
administrator) or the High Court (for a curator). This includes advise on
gathering the required supporting documentation, such as the crucial medical
reports from at least two independent medical practitioners confirming the
mental incapacity.
·
Liaison with the Master of the High Court
– We manage all interactions and correspondence with the Master’s office on
your behalf.
· Post‑Appointment Support and Administration –
Our assistance does not end with the appointment. We guide administrators and
curators in fulfilling their duties, which are subject to the ongoing
supervision of the Master. A critical ongoing responsibility is the preparation
and submission of annual accounts to the Master of the High Court. These
accounts provide a detailed record of all income, expenditure, and management
of the assets. Our team is proficient in preparing these accounts to meet the
Master’s requirements, ensuring compliance and transparency.
Contact Us for Compassionate and
Professional Guidance
If you are concerned about a
family member’s ability to manage their financial affairs due to mental
impairment, we are here to help. We can guide you through the legal processes
of appointing an administrator or curator, enabling you to protect their assets
and ensure their ongoing financial security. Contact us today to schedule a
consultation and learn how we can assist you in navigating this challenging but
vital aspect of care.