A brief explanation on Curatorship

If you have an elderly parent who have found themselves in a stepdown facility after surgery or medical condition, you might have become aware that there is a Social Worker involved in the case.

The Social Worker’s main concern and question is, “Who will be looking after the patient when they go home and will this be sufficient?”

When the family is brought together to answer these questions, the Social Worker weighs up the next concern. “Are the siblings in agreement to the welfare of the patient?”. One sibling would start complaining about the blacksheep in the family and all the dirty laundry starts flying. Usually this is about the parent’s money and property. When the care of the patient becomes no one’s concern in these arguments, the Social Worker takes matters to the courts.

The Social Worker explains to the family that because there is no agreement between the sibling as to the care of the patient the patient now becomes a concern of the State. It must be understood that we are all a concern of the State when there is no family to ensure our basic human needs. Just like a child can be placed in foster care if there is abuse in the family so we look out for our elderly over the age of 80. But at any stage there is always help available to any party in cases of abuse.

A lawyer’s firm specialising in curatorship is called in to start the process. Firstly, they will appoint a Curator ad Litem. This person will interview and investigate in detail what is the best option for the patient. The Curator ad Litem then writes a report and makes the suggestion for a Curator Bonis.

The Curator Bonis takes control of the patient’s finances. They control the patient’s investments and properties. The patient’s salary goes to the patient or the person appointed to be the Curator ad Personam.

The Curator ad Personam is usually the Social Worker but can also be someone the courts appoint. The function of the Curator ad Personam is to see that the patient’s salary is covering daily living costs but also seeing that the patient is active and has a good social life and makes decisions on the patient’s health needs. He/she is given the Power of Attorney to sign documents such as at a hospital for medical procedures, etc. Any decisions about selling property gets directed back to the Curator Bonis.

These Curators are appointed by the High Court.

It is important for the family to work together with the Curators. The family will not be cut out from the patient’s life. They are encouraged to maintain good relationships with the patient and not cause further strife.

The application for Curatorship can be applied for by anyone who is concerned about the welfare of the patient. It can be a family friend, neighbour or a member of the family. The cost is around R70 000. This can be paid from the patient’s estate.

The Curator’s fee is also payable yearly from the estate. At the end of the patient’s life the Curators will dissolve the estate according to the patient’s Will. If they suspect the Will was tampered with they will look at previous Wills and also the spouse’s Will. They will see that the estate is divided fairly. If the Will states that only one sibling gets the house or other investments they will override this and make a fair decision. All is subjected to the High Court’s decision.

Having said all this, you will find that some institutions don’t really care about Curators as long as they get their business done. Like banks, for instance, don’t mind that someone uses the patient’s bank card if they have the pin code. Somewhere their client must have given it to that person in good faith. This is against the law but they get away with this somehow. Doctors, as well, also will allow a family member to sign consent for an operation and will not ask if there is curatorship over the patient. As long as their job gets done.

HFN Nursing Agency works alongside the Curators to give care at home or at frail care facilities. We manage the staff, pay their salaries, UIF, PAYE and manage the shifts. It makes it easier for the Curator when there is too much family interference to leave the nursing care to us. Our staff recognises when the patient needs extra medical attention or if their social activities are lacking, they report to the Sr and solutions are found. Our carers sometimes live-in and manage the household together with the management team.

All lawyers are capable of handling Curatorship , although not all firms like to as there is not much money in it for them and they might not have the financial standing. We found two in Cape Town that specialise in it, nl. Bisset,Boehmke, McBlain in Bree Street, Cape Town and Visagie, Vos in Goodwood. Alternatively, Sanlam being a financial institution makes perfect sense.