15 Jan Beware Of Curatorship
What exactly is curatorship? When you (as an adult) don’t have sufficient mental capacity to manage your own affairs, your family can apply to the High Court to be appointed as curator. Once your mental capacity becomes diminished or impaired, you can’t say who should manage your affairs. Find out more below.
What exactly does curatorship involve?
If you are incapable of managing your own affairs, you may be placed under curatorship. Usually your family member, friend or caregiver brings a request for the application of curatorship.
In accordance with Rule 57 of the Uniform Rules of Court, the High Court is requested to make an order that declares you to be of unsound mind and incapable of managing your own affairs.
It is important to know that the application has to be accompanied by a detailed affidavit that sets out the details of your mental impairment and financial circumstances. Moreover, the affidavit needs to be supported by two medical reports, one by a general practitioner and one by a psychiatrist.
A curator ad litem (a curator for litigation) will be appointed by the Court temporarily to confirm that you are unable to manage your own affairs, and that appointing a curator would be in your best interest. This curator is usually an advocate or an attorney. After the Court is satisfied, the Court will then appoint a curator bonis (a curator of goods) to manage your affairs permanently. It’s important to remember that before the curator can start, the Master of the High Court needs to issue letters of curatorship. These give the curator the necessary powers and authority to manage your affairs.
What else should you know about curators?
The curator needs to have your best interests at heart. What happens if he does not have your best interests at heart? The curator should also not abuse his position. What happens if he abuses his position? He has the power to manage your affairs, and what can you do if he takes all your money? Then, you may very well be left with nothing; you will have no money at all.
Take note of the following:
Consider setting up a trust.
A trust does provide protection against problems if you become mentally incompetent. Before you lose your mental capacity, you can create a trust where your investments are placed. Did you know that when you put your assets into a trust, your assets are protected? Consider setting up a trust to protect your assets.
I am happy to meet with you and answer any questions you may have regarding trusts. I will create a trust that is tailored to your unique needs and circumstances. I am happy to have a consultation with you and assist you when it comes to creating your tailor-made trust.
DR MERVIN MESSIAS
JD (Juris Doctor) / BA, LLB (Wits) / TEP (Trust & Estate Practitioner)
Make an appointment with my Executive Assistant, Jutleth Mkhonza.
Email julie@mmtrustspecialist.co.za or Call +27 (0) 11 783 0108.