Curatorship

Curatorship

A curatorship is a legal authority given to one or more people to govern the estate and affairs of someone unable to do so for himself, either because he is absent without an authorised agent or because of his prodigality or lack of mental capacity.

The Master of the High Court has a Curatorship Section. The section’s primary goal is to provide efficient, cost-effective, and specialised supervision services for juveniles and mentally challenged people in South African estates.

How to obtain a curatorship

Someone can be appointed to curate the estate of a person who is determined to be incapable of managing his or her affairs through one of two ways. These methods are the common law procedure for appointing a curator, which requires an application to the High Court. As set out in the Mental Health Care Act, 17 of 2002, the procedure for appointing an administrator must be followed.

Who qualifies for a curatorship?

Curators may be appointed to anyone unable to manage their own affairs. The person may be mentally or physically impaired; it is also possible that the person has a gambling or substance addiction and has squandered his estate as a result. Curators could be used in matrimonial cases to protect the interests of small children, which are frequently the source of conflict between parents and may not always be adequately safeguarded by a family advocate. A prodigal is a person who is compis mentis but unable of handling his own financial concerns. A curator bonis may be appointed in this situation instead of a curator-ad-litem.

Types of curatorship

Curators are classified into three categories:

• A curator-ad-litem is a court-appointed curator. This curator represents the patient.
• A curator of products is known as a curator bonis.
• Curator ad personam is a curator for the person. They safeguard the patient’s financial and proprietary interests. This curator is responsible for the patient’s day-to-day needs, such as those that arise at a care facility where the patient may reside.

Curatorships must not be confused with a general power of attorney, which is only valid as long as the party giving the power is able to manage his/her own affairs. At any stage should the party become mentally incompetent due to sickness such as dementia etc., then a curatorship must be applied for.