Jan 16, 2019

Article by: Nevashni Moodley

Seeing a loved one lose their basic functioning and witnessing their changing personality as they reach their golden years is never easy for any family member.

Various misconceptions surround what one can and cannot do to legally assist the elderly in their day-to-day activities. When your family member suffers from diminished mental capacity due to Dementia (Alzheimer’s, vascular dementia or other) or any other progressive or crippling mental condition, a power of attorney in your favour might not suffice. In certain cases, your loved one has to be placed under curatorship in order for you or a 3rd party nominated by you to lawfully administer and manage their estate.

A curator bonis administers the financials on behalf of your loved one. A curator ad personam manages your loved one’s personal affairs. The two curators usually work together to ensure your loved one’s needs are met and that they are well taken care of.

If the value of the estate does not warrant a High Court application, a similar process can be followed through the office of the Master of the High Court.

Come see one of our family law attorneys for a 30 minute consultation free of charge to determine if a curatorship is required for your loved one.