The Difference between a curator bonis and curator ad litem
A person’s ability to manage their affairs and act on their behalf is impacted by a number of variables according to South African law. Examples of things that can make someone incapable are mental illness or, in the case of children, age. In certain situations, a curator may be appointed to oversee that person’s affairs or act on his or her behalf through a court application.
A curator bonis is designated to oversee the financial matters on behalf of an individual with mental illness or limited mental ability. The curator will be appointed by the court to oversee the individual person’s financial affairs if it is determined that the individual is incapable of managing them on their own.
Among other things, a curator bonis may handle the following duties: managing the individual’s upkeep or support; buying or acquiring real estate on their behalf; overseeing their business affairs; and managing their estate or assets.
A curator ad litem is designated to serve in the best interests of an individual with decreased mental ability or a mental illness. They could also be appointed on behalf of a minor. For the purpose of completing legal transactions or representing a child or mentally incapable individual during legal procedures, a curator ad litem is appointed.
How to appoint a curator
The appointment of curators is governed by Rule 57 of the Uniform Rules of Court, which also states that an ex parte application must be filed with the court by anybody wishing to have another person deemed incapable of handling their own affairs.
The application must completely outline the reasons for the person’s incapacity, including a summary of the person’s health and the evidence used to support the incapacity to handle their own affairs.
The application also has to be accompanied by affidavits from medical professionals and at least one additional person who knows the subject of the dispute well.
The individual who is recommended for appointment as the curator must also be named in the application. A legal professional (an advocate or attorney) will often be recommended for a curatorial position.
Conclusion
The courts do not make this choice lightly when declaring someone incapable of handling their own affairs. To be approved, an application for the position of curator must include justification.
However, the curatorship remains an instrument that may be utilized when necessary to protect the rights of the most disadvantaged people in society.
