Curatorship Applications
In South Africa, the law is clear. When a person is of unsound mind and has diminished mental capacity, old age, dementia or a mental disability the only way to address this mental incapacity is with curatorship.
Any Power of Attorney given by a principal to an agent, is immediately terminated on the mental incapacity of the said principal, who granted the Power of Attorney.
A Curator must be appointed to protect the patient from making decisions that could be to his / her detriment. It is unlawful to act on behalf of a person who has lost his/her mental capacity, only an appointed curator may do so lawfully. As stated, even Powers of Attorneys terminate once the principal has lost mental capacity and hence an application to appoint a curator would be instituted.
There are three types of curators namely:
Curator Ad litem
This curator litigates on behalf of the patient
Curator Ad litem
This curator litigates on behalf of the patient
Curator Bonis
This curator protects the patient’s financial and proprietary interests
Curator Personam
This curator sees to the patient’s daily living needs
Curator Bonis
This curator protects the patient’s financial and proprietary interests
Curator Personam
This curator sees to the patient’s daily living needs