What is a curatorship application?

What is a curatorship application?

In South Africa, a curatorship application is a formal legal process initiated in the High Court to appoint a curator to manage the affairs of an individual who is legally incapable of doing so themselves. This incapacity can stem from various reasons, primarily mental illness, intellectual disability, physical disability, or age-related cognitive decline (like dementia). The core purpose of curatorship is to protect the interests and well-being of the incapacitated person (often referred to as "the patient") from exploitation or mismanagement of their affairs. There are generally three types of curators that can be appointed: Curator ad Litem: A legal…
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What Can You Do When Someone Close to You Has No Control Over Their Spending?

What Can You Do When Someone Close to You Has No Control Over Their Spending?

What can you do when someone you know (often but not always an elderly relative and/or someone with a gambling, drug or drink problem) starts squandering their money and property irresponsibly and recklessly? Note that we are talking here not about a mentally ill person but about someone “of sound mind but unsound habits”. The good news is that you don’t have to look on helplessly while they spend themselves (and their dependants if they have any) into destitution. Our law provides a remedy in the form of a High Court order declaring the person to be a “prodigal” and…
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Beware, Nothing lasts forever (Not even powers of attorney from your aging parents)

Beware, Nothing lasts forever (Not even powers of attorney from your aging parents)

If your aging parents have asked you for help with making decisions as to their personal welfare, financial affairs, medical treatment and so on, asking them to sign a power of attorney in your favour may be the answer.  Just be aware that it is only a temporary solution. Let’s firstly distinguish between the two types of power of attorney you are most likely to come across - Special or General? A special power of attorney allows you to act as agent for the “principal” (the person granting the power of attorney) in either a specific transaction or in a…
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