Curatorship & Incapacity Applications

Protecting a loved one who can no longer manage their own affairs, with dignity and proper legal oversight.

When illness, injury or disability leaves someone unable to manage their finances or make decisions about their care, families are often left without legal authority to act. Bank accounts are frozen, bills go unpaid and important decisions stall. A curatorship gives a trusted person the legal power to step in, under the supervision of the court and the Master of the High Court.

Types of appointment

  • Curator bonis: manages the property, income and financial affairs of a person who cannot do so themselves.
  • Curator personae: makes decisions about the person’s care, living arrangements and medical treatment.
  • Curator ad litem: an independent advocate or attorney appointed at the start to investigate and report to the court on whether a curator is needed.
  • Administrator under the Mental Health Care Act: appointed by the Master of the High Court for persons with a mental illness or severe intellectual disability. Often a quicker and less costly route where the estate is modest.

Why it matters

Without a formal appointment, no one, not even a spouse or adult child, has automatic authority to deal with another adult’s bank accounts, property or investments. Acting without authority can expose family members to personal liability and leaves the person vulnerable to financial abuse.

When is it needed?

Common situations we help families with:

  • A parent or spouse with advanced dementia or Alzheimer’s disease.
  • A family member who has suffered a serious brain injury or stroke.
  • An adult with a severe intellectual disability whose affairs need formal management.
  • A child or adult receiving a large personal injury or Road Accident Fund award who cannot manage it.
  • A loved one whose assets are at risk of being misused or lost.
  • An elderly person whose power of attorney is no longer valid because of mental incapacity.

How the process works

Five steps to a High Court curatorship.

  1. Medical evidence
    The person is examined by at least two medical practitioners, preferably including a psychiatrist where the incapacity is mental, who confirm their condition and inability to manage their affairs.
  2. Application for a curator ad litem
    A family member or other interested person applies to the High Court under Rule 57 of the Uniform Rules, usually first for the appointment of a curator ad litem to protect the person’s interests during the process.
  3. Investigation and report
    The curator ad litem meets the person, considers the medical evidence and the family’s circumstances, and reports to the court. The Master of the High Court also reports.
  4. Court order
    If satisfied, the court appoints a curator bonis, a curator personae, or both, and defines their powers.
  5. Letters of curatorship
    The curator furnishes security to the Master (unless excused), receives letters of curatorship and must account to the Master annually.

Where the estate is modest and the incapacity is due to mental illness or intellectual disability, an application to the Master for an administrator under the Mental Health Care Act may be a simpler alternative. We advise on the most appropriate route.

GET IN TOUCH

What to prepare

Information that helps us move quickly.

  • Recent medical reports confirming the person’s condition and prognosis.
  • A list of the person’s assets, income, debts and monthly expenses.
  • Details of the person’s spouse, children and close family members.
  • Copies of any existing will, power of attorney or trust documents.
  • Details of the proposed curator, whether a family member or a professional.
  • Information about the person’s current care and living arrangements.

Common Questions

Usually not. South African law does not recognise enduring powers of attorney. An ordinary power of attorney lapses when the person who granted it loses mental capacity, so it cannot be relied on once incapacity sets in. A curatorship or administratorship is then needed.
A family member, a trusted friend or a professional, such as an attorney or accountant, can be appointed. The court considers who is best placed to act in the person’s interests, and the curator bonis is generally required to furnish security to the Master.
A curator is appointed by the High Court and can be given wide powers over both property and personal decisions. An administrator is appointed by the Master under the Mental Health Care Act, only for property, and the process is usually quicker and less costly. Which route fits depends on the person’s condition and the size and complexity of their estate.
A High Court curatorship application typically takes a few months, depending on how quickly medical reports are obtained, the curator ad litem’s investigation and the court roll. Urgent interim relief may be possible where assets are at immediate risk.
Yes. The person must be given notice of the application, and the curator ad litem ensures that their views and interests are placed before the court. Courts are careful not to take away a person’s autonomy more than is necessary.
Yes. If the person recovers capacity, an application can be made to court for the curator to be discharged and for the person to resume control of their affairs.

NEED HELP PROTECTING A LOVED ONE?

We guide families through curatorship and administrator applications with care and urgency, from obtaining medical evidence to the final court order, and advise curators on their ongoing duties to the Master.

REQUEST A CALL BACK
Facebook Instagram X-twitter Linkedin Tiktok Youtube

This page is general information and not legal advice.

Get in touch

Please complete the following form to get in touch with us.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.