Curator Bonis Appointment: Who’s Qualified and What Do They Do
A Curator Bonis plays a critical role in managing the financial and property affairs of someone who is unable to do so themselves due to mental or physical incapacity. But who can be appointed as a Curator Bonis, and what qualifications are required? At Burger Huyser Attorneys, we specialise in curatorship matters and are here to guide you through the process.
What Is a Curator Bonis?
A Curator Bonis is a court-appointed individual or institution responsible for managing the financial and property affairs of an incapacitated person. Here’s what the role involves:
- Financial Management: Handling bank accounts, paying bills, and managing investments.
- Property Oversight: Managing real estate and other assets.
- Court Accountability: Reporting to the court regularly and seeking approval for major decisions.
Who Can Be Appointed as a Curator Bonis?
The court carefully considers who can be appointed as a Curator Bonis to ensure the incapacitated person’s interests are protected. Here’s who can be appointed:
- Family Members: A close family member, such as a spouse, child, or sibling, is often preferred due to their personal connection and understanding of the individual’s needs.
- Trusted Friends: A trusted friend who has the individual’s best interests at heart may also be appointed.
- Professional Curators: In some cases, a professional curator, such as an attorney or accountant, may be appointed, especially if the estate is complex.
- Institutions: Banks or trust companies can be appointed as Curator Bonis, particularly for large or complicated estates.
The court will consider factors such as trustworthiness, financial competence, and the ability to act in the best interests of the incapacitated person.
Responsibilities of a Curator Bonis
A Curator Bonis has significant responsibilities, including:
- Managing Finances: Ensuring bills are paid, investments are managed, and assets are protected.
- Reporting to the Court: Submitting regular reports and seeking approval for major financial decisions.
- Acting in Good Faith: Always acting in the best interests of the incapacitated person.
How to Apply for Curatorship
If you believe someone needs a Curator Bonis, here’s how to apply:
- Consult a Lawyer: Seek legal advice to determine if curatorship is the best option.
- Obtain Medical Reports: A qualified professional must provide evidence of incapacity.
- Draft an Application: Prepare the necessary court documents, including a founding affidavit.
- Submit the Application: File the application with the High Court and notify relevant parties.
- Attend a Court Hearing: Present your case to a judge, who will decide whether to grant curatorship.
At Burger Huyser Attorneys, we handle every step of the process to ensure a smooth and successful application.
Why You Need an Experienced Lawyer for Curatorship Matters
Applying for curatorship is a complex legal process that requires expert guidance. Here’s why hiring an experienced lawyer is essential:
- Expert Knowledge: They understand the legal requirements and can navigate the court process efficiently.
- Document Preparation: They ensure all documents are correctly drafted and submitted on time.
- Court Representation: They represent you in court and present a compelling case for curatorship.
- Peace of Mind: They handle the legal complexities, allowing you to focus on your loved one’s well-being.
At Burger Huyser Attorneys, we have a proven track record of successfully handling curatorship matters and are committed to protecting your interests.
Need Help Appointing a Curator Bonis? Trust Burger Huyser Attorneys!
If you’re considering applying for curatorship or need guidance on appointing a Curator Bonis, don’t navigate the process alone. At Burger Huyser Attorneys, we’re here to provide expert legal guidance and ensure a successful outcome.
Contact us today for a confidential consultation. Let us help you protect the interests of your loved one and fulfill your responsibilities as a curator. Your family’s future is too important to leave to chance – trust Burger Huyser Attorneys to stand by your side every step of the way.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
