Our law recognises that the mental capacity of the patient may differ from day to day depending on the diagnosis and that the administrator’s function should be proportionate to the patient’s mental health status, keeping in mind that the patient’s needs may change as and when the illness progresses.
Read moreA curator bonis has limited powers of investment which can adversely affect the growth of assets in the estate. The nature of the job together with generally poor remuneration means it is difficult to find appropriate candidates to assume the role of Curator Bonis.
Read moreIn order to bring an application for administrator, it must be proved that the mentally incapacitated person meets the criteria set out by the Mental Health Care Act in terms of diagnosis and medical evidence.
Read moreIn terms of the Mental Health Care Act, a ‘mental illness’ is defined as a positive diagnosis of a mental health related illness in terms of accepted diagnostic criteria made by a mental health care practitioner authorised to make such diagnosis’.
Read moreA trust can be useful for securing assets such as a family farm or holiday home for future generations, safeguarding against potential alienation or sale. In such circumstances, the trust serves as a valuable succession planning tool by ensuring that multiple beneficiaries across successive generations can enjoy the asset without fear of it being alienated or sold. In order to achieve this, the trust founder would need to set up an inter vivos trust and sell the property to the trust.
Read moreHome nursing is unaffordable to most families and can cost anywhere between R8 000 and R30 000 per month depending on the level of care required – bearing in mind that dementia care is a specialist field of nursing which, in most instances, is required in the more advanced stages of the disease.
Read moreDepending on the nature of their retirement income, the death of the first spouse may impact their retirement income and it is important to understand what the surviving spouse would receive in terms of income going forward. It’s also important to understand what living arrangements have been made for the surviving spouse, especially if living alone is not an option.
Read moreIf you have been awarded capital as part of your divorce settlement, you’ll likely want to take steps to protect and grow this capital. If you’re awarded a portion of your spouse’s pension interest, you have the option to withdraw the funds (subject to the withdrawal tax tables) or transfer them into a retirement fund in your own name.
Read moreFor those who find themselves caring for parents who have been diagnosed with dementia or Alzheimer’s disease, this anomaly can be an incredibly frustrating one as they generally face a situation where they are unable to take control of their parents’ financial affairs at a time when it is most needed.
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