Curator appointments
FOR WHEN YOU HAVE A REAL CONCERN
When is a curator appointed?
A curator can be appointed when a court has found a person ("the patient") to be of unsound mind and as a result incapable of managing his or her own affairs. An application for a curator to be appointed should be brought as soon as possible after it has become clear that the patient can no longer manage his or her own affairs. A curator can also be appointed where people are not necessarily of unsound mind, but are incapable of managing his or her own affairs by reason of some form of disability, whether physical or mental.
Who can bring an application to appoint a curator?
The person bringing the application must show that he or she has a legally recognised interest in the ability of the patient to manage his or her affairs. Usually, the person bringing an application is one of the patient's next of kin. A mere financial interest in the ability of the patient to manage his or her own affairs is not sufficient.
​
The courts have found that a mere debtor-creditor relationship is not sufficient for a person to approach the court to appoint a curator for another person. The proximity of a person's relationship to the patient must be sufficient to create a real interest in the appointment of a curator for him or her.
​
The motives of the person bringing the application must stem from a genuine concern over the patient's health and his or her ability to manage his or her own affairs, not from how the patient disposes his or her property and who benefits from it.
What is required ?
For a court to appoint a curator, it requires a high court application setting out, amongst others, the following:
​
-
the basis on which the person is entitled to approach the court with the application - this is referred to as the person's locus standi.
-
the basis for the court's jurisdiction to hear the matter and make a binding order.
-
full particulars of the patient, including the patients means and general state of physical health.
-
the relationship between the person brining the application and the patient.
-
the circumstances relied on to show that the patient is of unsound mind and not able to manage his or her own affairs.
-
the details of the person/s to be appointed as curator/s.
-
information about the patients mental condition
-
reports by medical practitioners, one of which a psychiatrist or other practitioner with appropriate expertise
What documentation do you need for a curator application?
To bring an application, the applicant will, amongst others, require:
-
An affidavit containing sufficient facts which proves that he or she is a person who has a legally recognised interest in the ability of the patient to manage his or her own affairs. The facts in the affidavit must fall within the person's personal knowlege.
-
Affidavits by at least two medical practitioners, unrelated to the patient and with no personal interest in the outcome of the application. Where practicable, one must be a psychiatrist who recently examined the patients mental condition with the view of reporting thereon.
Do you have any questions?
Send us an email here
Further Family Law Links