Family Law

Curatorship

A court-appointed arrangement where a curator manages the affairs of a person who is mentally incapacitated (curator bonis) or litigates on behalf of a litigant who cannot represent themselves (curator ad litem).

Legal Definition

South African law provides two main types of curatorship. A curator bonis is appointed by the High Court to manage the assets and financial affairs of a person who is permanently mentally incapacitated. A curator ad litem is appointed to represent a person who cannot represent themselves in litigation (e.g., a minor or a person of unsound mind). A curator personae manages the personal (non-financial) affairs of an incapacitated person.

📖 Constitutional / Statutory Basis: Section 12 (freedom); Section 27 (health); Section 34 (access to courts)

Practical Example

After a stroke, a person is permanently incapacitated. Their family applies to the High Court for a curator bonis to be appointed to manage the person's pension, bank accounts, and property.

Frequently Asked Questions

What is the difference between curatorship and guardianship in South Africa?

Guardianship applies to children — a guardian makes decisions on behalf of a minor child. Curatorship applies to adults who are mentally incapacitated — a curator is appointed by a court to manage the incapacitated adult's affairs.

Can family members be appointed as curator bonis in South Africa?

Yes — the High Court can appoint a family member as curator bonis, provided they are suitable. Alternatively, an attorney or professional can be appointed. The curator accounts to the Master of the High Court for the management of assets.

Related Terms

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