THE CURATOR AD PERSONAM
What is the Curator Ad Personam?
It happens from time to time that the patient's mental health deteriorates to such an extent that they are unable to make rational decisions regarding their own health, care or accommodation. For example the patient needs to be put in a specialised care facility to manage dementia or Alzheimer's. They may have lucid moments from time to time where they understand that placing them in specialised care is the best solution to the challenges they face, but at other times they may refuse to do so. In such cases friends and family may apply to the High Court to have a Curator Ad Personam appointed. The purpose of the Curator Ad Personam is to look after the patient's physical welfare and make decisions relating to that on their behalf. The person that should be appointed as the Curator Ad Personam should ideally be a medical practitioner, a social worker or a family member or friend that is prepared to make the decisions on behalf of the patient.
Can RFJ Yeowart Attorneys be appointed as Curator Ad Personam?
No. We specialise in managing the financial affairs of the patient and are not suitable as a Curator Ad Personam.
Can RFJ Yeowart Attorneys help with the application for a Curator Ad Personam?
Yes. We have years' experience in dealing with application process and can assist in having a suitable Curator appointed as speedily as possible.
What is a Administratorship?
Curatorship applications can be very costly, so how do people with limited income gain access to similar benefits under the law? The Master of the High Court may appoint an Administrator who shares many of the functions that a Curator Bonis does. The Administrator is typically not a financial or legal expert, but rather a trusted family member or friend. Administratorship is only available in instances of mental health problems.
Can RFJ Yeowart be appointed as an Administrator?
No. The purpose of behind an Administrator is to save costs. Appointing us, if possible, would incur costs that the family would wish to avoid. The advantages of Administratorship over Curatorship is that it is less costly and the legal requirements to obtain the appointment are less. If the total assets of the estate is less than R240 000 or the monthly income of the estate is less than R20 000, you may apply to the Master of the High Court for the patient's estate to be put under Administratorship. RFJ Yeowart can advise on what to do, but we do not take the appointment nor do the application on your behalf. You are welcome to contact us for a consultation where we can advise you on the best course of action. However, please note that there will be a consultation fee charged.
In order for someone to manage the affairs of the patient they must be appointed by the High Court to do so. The first step is to make an appointment to come and see us at RFJ Yeowart Attorneys so that we may determine the scope of the work needed to be done. After that, we determine if a application for Administratorship or Curatorship should be made. For the application to be made, there are certain legal requirements that must be met. The patient must for example be interviewed by doctors as well as psychiatrists or psychologists to determine their mental and physical health.
These parties then supply the High Court with detailed reports of their findings as to whether the patient is competent to manage their own financial affairs and or personal care. Once all the paperwork and reports have been compiled an application is made to the High Court. If successful the High Court then appoints a Curator to manage the financial affairs of the patient. We therefore urge you to make an appointment with us to discuss your unique requirements.