Understanding Curator Bonis and Financial Management for Loved Ones Who Need Help

Introduction

Your mother has always paid her own bills. Lately she forgets to. Last month she handed her bank card to a stranger. You hold a power of attorney, so you assume you can step in.

Then someone tells you it may no longer be valid.

This is where a curator bonis comes in. A curator bonis is a person appointed by the High Court to look after the money and property of someone who can’t do it themselves.

The Legal Background

South African law protects people who can’t look after their own affairs. It also protects their families from being left without a way to act.

Every adult is presumed able to manage their own money. That presumption only falls away when a court decides otherwise. The law is careful about this. Taking away someone’s control over their property is a serious step.

A Power of Attorney is the usual first tool. It is a document in which you give another person the authority to act for you. The law treats it as a form of mandate (an instruction to act on someone’s behalf). It works well while you are healthy and clear-headed.

The problem starts when your mind begins to fail. The tool you relied on can stop working at exactly the moment you need it most. A curator bonis fills that gap. This article explains what a curator bonis is, why one is appointed, and when a power of attorney works. It also explains when it stops.

What the Law Actually Says

What a curator bonis does

A curator bonis manages another person’s finances and property. This usually means paying accounts, collecting income, protecting assets and making decisions about the estate. The curator does not own any of it. The curator acts for the person and must put their interests first.

Why one is appointed

The most common reason is mental incapacity. This can follow dementia, a brain injury, a stroke or severe mental illness. Courts may also appoint a curator for a person who wastes their money recklessly. The law calls this person a prodigal.

How it works

• Only the High Court can make the appointment. Family cannot simply agree among themselves.

• The court wants proper evidence, usually from medical professionals.

• The Master of the High Court (the official who supervises estates) oversees the curator.

• The curator normally has to provide security. This works like insurance against mismanagement.

• The curator must keep records and report on how the money was handled.

When a power of attorney applies

A power of attorney works when four things are true:

• The person who signed it had legal capacity at the time.

• The person is still alive.

• The agent acts within the powers the document gives.

• The person still has capacity today.

When a power of attorney stops

• The person who gave it dies.

• The person revokes it. This also requires capacity.

• The person loses mental capacity. This is the one families miss.

• The task it was given for is finished, or the time limit has run out.

A Practical Example

Thabo is 78. Two years ago he gave his daughter Naledi a power of attorney to deal with his bank and his rates account. It worked well.

Last year Thabo was diagnosed with advanced dementia. He no longer recognises Naledi on bad days. He recently signed a contract to sell his car to a stranger for a fraction of its value.

Naledi keeps paying his accounts. She assumes the power of attorney still protects her. It doesn’t. Thabo has lost capacity, so the mandate has most likely come to an end. Her payments may be open to challenge. A bank or a buyer may refuse to deal with her. The car contract may also be in doubt, because Thabo couldn’t properly agree to it.

Naledi’s best option is to apply to the High Court for a curator bonis. Once the court appoints one, the curator has clear legal authority. Naledi can ask the court to appoint her. The court will consider who is best placed to protect Thabo’s interests.

What You Should Do

If someone you love is losing the ability to manage their affairs, take these steps:

1. Get a medical opinion. Ask the doctor to confirm the person’s condition in writing. The court will need this.

2. Check any existing power of attorney. Find out when it was signed and what it covers. Don’t assume it still works.

3. Gather the financial picture. List bank accounts, property, investments, debts and regular income.

4. Stop any risky transactions. Be careful about large sales, gifts or new contracts.

5. Speak to an attorney early. A curator application takes time. The sooner it starts, the sooner the person is protected.

6. Plan ahead if you are still well. Sign a power of attorney and a will while you have capacity. Tell your family where they are.

This article is intended for general information purposes only and does not constitute legal advice. The law is summarised for accessibility and may not reflect the most recent amendments or developments. Every situation is different — do not act on the basis of this article alone. Consult a qualified attorney about your specific circumstances.

Have a question about curatorship or powers of attorney? André Nel Attorneys offers practical, plain-language legal advice to individuals and businesses across South Africa. Contact us at andre@andrenel-law.co.za or visit andrenel-law.co.za to discuss your matter.