What does curatorship entail?
A family member, friend or institution may initiate a curatorship application if they believe someone to be incapable of managing their affairs due to mental illness, physical disability or another reason. A curatorship application may also be made when a person is awarded damages amounting to a huge sum of money which the applicant may think needs to be protected.
Applying for Curatorship
When someone needs to be appointed to safeguard the possessions and person of another human being, a concerned party may request the High Court to declare the person incapable of managing their affairs. The High Court will seek affidavits from a psychiatrist and an additional medical practitioner to confirm that the person is of unsound mind. People susceptible to curatorship are those who have demonstrated an inability to manage their affairs, even if they are of sound mind. Curators may also be appointed to safeguard the interests of minor children during divorce proceedings. It is important to appoint an independent attorney in this regard as the family advocate may have their hands full with the actual divorce proceedings.
Types of Curatorship
There are three types of curators. A curator for litigation (Curator ad litem)who litigates on behalf of the patient.
There is a curator who protects the financials and proprietary interests of the patient (Curator bonis). There is also a curator who looks after the day-to0day needs of the patient as they arise (Curator ad personam).
The court decides what kind of curator a person needs and makes the final decision on who that curator will be.
Greyvensteins Incorporated will help you make a curatorship application. We also have commercial lawyers and family lawyers who can assist you with Estate Planning, Wills and Trusts, Property Transfer and other legal processes to protect your family’s interests. Please contact one of our attorneys in Gqeberha, Cape Town and Johannesburg to get appropriate help.