Welcome to our Curatorship Department

What is the process

The process entails:

1. An application to the High Court. An affidavit with details about the patient and reasons for application, supporting documents (report form a General Practitioner, Psychiatrist and Social Worker, if any) are submitted. Application can be done for the appointment of a Curator Bonis (usually an Attorney for the financial affairs of the patient) and if needed a Curator Personam (an Attorney or family member who will have to deal with personal matters concerning the patient, for instance where she will reside and which medical procedures will be allowed).

2. The High Court first appoints a Curator ad Litem (usually an Advocate) who investigates the circumstances and consult with the patient, family members and proposed Curator Bonis and Curator ad Personam (if any). The advocate then reports back to the Court with his/her findings and recommendations.

3. The documents for the Court Applications and report from the Curator ad Litem then lodged with the Master. The Master reports on the suitability of the proposed Curator Bonis and any requirements it may have. If the proposed Curator Bonis has previous experience and a good track record, the report is mostly positive.

4. Once the reports from the Curator ad Litem and Master are submitted to the Court, the Court orders the appointment of the Curator Bonis and Curator ad Personam (if any).

5. Above Court Order is lodged with the Master, who then issues a Letters of Curatorship authorising the Curator Bonis and Curator ad Personam (if any) to act on behalf of the patient.

How long does it take?

Step 1 – 5 takes approximately 10 to 12 weeks, depending on the availability of Court dates, the workload for the Curator ad Litem and the co-operation of the Master. If you decide to proceed, we will send you a list of all the information and documentation required to draft the Affidavit in step 1.

What costs and fees are involved?

The total costs are between R25 000-00 and R30 000-00, which included the costs of the Advocates involved with the two appearances in Court (steps 1 and 4) and the costs of the report from the Curator ad Litem (step 2), advertisements costs, doctor’s’ reports and other expenses.

Eventually the greatest part of the costs can be paid from the estate once the Letters of Curatorship has been issued and funds are available in the estate. A deposit for the expenses prior to the above is however required. To cover the expenses, we require a deposit of R20 000-00. Should you pay the deposit yourself, the deposit can be repaid after the Letters of Curatorship has been issued and funds are available in the estate.

The prescribed fee of the Curator Bonis is 6% of the gross annual income of the patient, payable once the Master approves the annual report, and 2% of the capital in the estate when the Curatorship ends (i.e., the patient dies).

What happens after the appointment

The duty of the Curator Bonis is to take control of the assets and administer same. Usually, a family member is also involved to convey the needs of the patient and actions required on behalf of the patient.

The Curator Bonis needs to report annually back to the Master on literally every cent in the estate. It involves an extensive report in a prescribed format with supporting bank statements and all invoices etc. The Master is extremely strict on this, because of the higher legal standard of care required when working with other people’s money.

Our Firm deals with quite a few Curatorship estates already and is geared to comply with the Masters’ requirements. We however appreciate it if the family stays involved, if possible, in the ongoing process in order to enable us to together make the best possible decisions to the benefit of the patient.