mental incapacity
Upon marriage or entering into a long-term relationship, it is essential to reassess your life cover needs to reflect your new circumstances. If you and your spouse have acquired a home, your life cover should ideally match the value of
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
A 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
For 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
When it comes to planning the distribution of your retirement benefits to your heirs and beneficiaries, it is important to keep in mind that funds housed in approved retirement funds do not fall into your estate. Rather, the distribution of
Generally speaking, it is the spouse or close family member of the patient who brings the application but, in circumstances where the applicant is not the next of kin, the application will need to include reasons as to why that
In 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.
If you have a loved one who is mentally and/or physically incapable of managing his affairs, our common law makes it possible to approach the High Court for the appointment of a Curator Bonis, although keep in mind that the
In many situations, adult children find out about their parent’s funding shortfall at a time when they are financing their own children’s tertiary education – notwithstanding their need to fund for their own retirement – placing them in an unenviable
