Appointment Of A Curator

Applications for curatorship are heard by the High Court and the Office of the Master of the High Court is mandated with the supervision and administration of the property of those who may be placed under curatorship.

The Legal Stuff

The Mental Health Care Act 17 of 2002 was promulgated on 15 December 2004 and governs the processes under which curators should be appointed.

The Processes

The Masters office supervises the administration of estates in which applications are lodged to appoint a Curator Bonis; Curator Personae; and Administrators in terms of the Mental Health Care Act; Tutors for minors, as well as Curator Bonis in Asset Forfeiture Matters.

Any person who wishes to bring an application to the High Court for an order declaring another person to be of unsound mind and incapable of managing his or her own affairs and appointing a Curator to the person or property of such persons must first apply to the Court for the appointment of a Curator-ad-Litem.

It sometimes happens that a person disappears without trace, leaving property that must be cared for. If it comes to the knowledge of the Master that any absentee is the owner of property in the Republic of South Africa, and he is satisfied that the said property should be cared for or administered on behalf of the absentee, he may appoint a Curator Dative.

Conclusion

Should you require or be thinking about the possibility of appointing a curator on behalf of someone, feel free to contact us so we may assist you with your matter.