With all the vitamins we take in on a daily basis and medical advances happening every day, we tend to live longer, however, the mind is not keeping up with the rest of the body.  But what happens if you do not remember your name or the day of the week?  Making daily decisions is an important part of our lives.  We make decisions relating to matters such as where we live, health care, education, employment, social contacts and financial affairs.

The moment a person becomes mentally incapacitated or is no longer capable of managing his or her own affairs, it becomes necessary to appoint someone to safeguard the person's assets and interests.

The solution to the problem is for an interested party, most often a family member over the age of 18, to approach the High Court for the appointment of a curator.

There are typically three types of curators, namely:

• Curator ad litem – a curator for litigation. This curator litigates on behalf of the patient;
• Curator bonis – a curator of goods. This curator attends to the patient’s financial affairs and protects the patient’s financial and proprietary interests (i.e. his estate); and
• Curator ad personam – a curator for the person. This curator sees to the patient’s daily living needs and well-being, for example, needs arising at a care facility where the patient may reside.

Should you wish to know more about the court process, duties, powers and remuneration of a curator, please contact our Estate Planning Department on 044 874 1140.

We also offer comprehensive advice on all aspects of Estates, the formation of Inter Vivos and Testamentary Trusts, Trust Management, administration of Deceased Estates, the drafting of Wills, Living Wills and Power of Attorneys.

We look forward to meeting you!