When a family member begins to show signs of dementia or other forms of mental incapacity, it can be an incredibly emotional and confusing time. Beyond the medical challenges, there are critical legal and financial decisions that need to be made—often urgently.
In South Africa, the law provides clear mechanisms to protect those who can no longer manage their affairs. At Mashitisho Attorneys Inc., based in Randburg, we assist families across the country with applying for the appointment of a curator ad litem or a curator bonis—legal roles created to protect vulnerable individuals and their assets.
What Is a Curator ad Litem?
A curator ad litem is a temporary, court-appointed legal representative who acts in the best interests of a mentally incapacitated individual during legal proceedings.
When is a curator ad litem appointed?
- When the person mental capacity begins to show that they are no longer able to make decisions on their life
- If the person with dementia is involved in legal action (e.g., being sued), or
- When someone is applying to the High Court for the appointment of a curator bonis
This role does not involve managing the person’s day-to-day affairs or finances. Instead, the curator ad litem ensures that the individual’s legal rights are protected during the court process.
What Is a Curator Bonis?
A curator bonis is appointed by the High Court when a person has been medically declared incapable of managing their own financial and legal affairs. This is a long-term appointment designed to protect the individual’s estate and ensure proper financial management.
The curatorship application process includes:
1. Filing a formal application with the High Court
2. Submitting two independent medical reports confirming mental incapacity
3. Nominating a suitable curator—often a family member, accountant, or attorney
4. Regular oversight by the Master of the High Court, including financial reporting
Why Appointing a Curator Is So Important
Without formal curatorship:
- Banks, medical aids, and insurance companies may refuse to work with family members
- Accounts may be frozen
- Bills may go unpaid
- Property sales or decisions involving large financial transactions may be legally blocked
Delaying curatorship can result in emotional strain and financial complications for the entire family.
What to Do If a Loved One Has Dementia
If your parent, spouse, or relative is suffering from Alzheimer’s, dementia, or any condition that affects their ability to make decisions, early legal intervention is key. The curatorship process ensures their dignity, rights, and assets are protected.
At Mashitisho Attorneys Inc., we offer:
- Compassionate and professional guidance
- High Court application support
- Assistance with medical affidavits and curator nominations
- Ongoing legal advice to families navigating mental incapacity
Need Help With a Curatorship Application?
We understand how difficult it is to see a loved one struggle with mental illness. Let us help you ensure their affairs are properly managed and legally protected.
📍 Mashitisho Attorneys Inc. – Family Law & Curatorship Specialists
📍 Based in Randburg, assisting clients across Gauteng and South Africa
📞 Contact us today to schedule a consultation.
🌐 Visit our website for more information on curatorship applications in South Africa.
