Curatorship Attorney
Protecting the Interests and Dignity of the Vulnerable
There are moments in life when a loved one is no longer able to manage their own affairs—whether due to advanced age, mental illness, cognitive decline (such as Alzheimer’s or Dementia), or a sudden traumatic injury. In South Africa, Power of Attorney ceases to be valid the moment a person loses their mental capacity.
At Ramatsitsi Attorneys Inc we provide compassionate and expert legal assistance to families navigating the complex High Court process of curatorship. We ensure that your loved ones’ assets are protected and their personal well-being is managed by a legally recognized guardian.
Understanding the Types of Curatorship
Every situation is unique. We assist with the appointment of three distinct types of curators as recognized by South African law:
- Curator Bonis (Curator of Goods): Appointed by the High Court to manage the financial affairs and property of an individual. They handle bank accounts, pay bills, and protect investments under the supervision of the Master of the High Court.
- Curator Personae (Curator of the Person): Appointed to make daily life and welfare decisions, such as medical treatments, living arrangements, and general physical care.
- Curator Ad Litem: An attorney or advocate appointed temporarily by the court to represent the interests of the patient during the legal application process.
The Curatorship Application Process
The process of declaring someone “of unsound mind” is a serious legal step. We handle the entire procedure to make it as seamless as possible for your family:
We help coordinate reports from two independent medical practitioners (typically including a psychiatrist) to confirm the incapacity.
We draft the founding affidavit and lodge the application under Rule 57 of the Uniform Rules of Court.
The court appoints a legal representative to investigate the circumstances and report back on the patient’s best interests.
The Master reviews the reports and provides a recommendation on the suitability of the proposed curator.
Once the judge grants the order, the Master issues the official "Letters of Curatorship," authorizing the curator to act.