A curator is normally appointed in cases where a person is incapable of managing his or her own personal affairs due to mental illness or mental incapacity, such a person may be placed under curatorship.
In order to be appointed as a curator an application for curatorship can be made in the following manner:
Curatorship application to the High Court
An application in terms of the Uniform Rules of the Court will be made requesting the High Court to grant an order, declaring a person to be of unsound mind and incapable of managing his or her own affairs and for an appointment of a curator bonis, who will be in charge of the person’s estate.
Such persons include:
- Mentally ill or mentally deficient persons;
- Persons who cannot manage their own affairs due to physical infirmity; and
- Persons declared prodigals.
A Curatorship is terminated at the death of the person who has been declared incapable of managing his or her own affairs, however the person under curatorship may also apply to the High Court to terminate the Curatorship.
Application to the Master of the High Court
In terms of the Mental Health Care Act 17 of 2002 (“MHCA”) the Master of the High Court can appoint an administrator to manage the affairs of a patient diagnosed with a mental illness or a severe or profound intellectual disability.
In terms of the MHCA a patient’s assets must not exceed R 200 000.00 in value.
If a patient recovers from the mental illness to an extent that he or she is capable of managing his or her own affairs, the patient or the administrator may apply to the Master of the High Court in terms of the Mental Health Care Act to terminate the administration.
Rosa van Niekerk Attorneys
Tel: 010 110 9500