Dealing with estate issues can be overwhelming, particularly when it involves securing the rights to manage the affairs of another. In South Africa, this is where the concept of curatorship becomes essential.

This blog will take you through the concept of curatorship and explain why specialists like the family law lawyers at Durban Law Offices are vital for ensuring the process is handled with care and expertise.

What is Curatorship?

Curatorship refers to a legal tool to help people who cannot manage their own affairs due to mental or physical disabilities or because they are minors without the mature capacity to make solid financial or medical decisions. The need might also arise if there is evident mismanagement of an estate that necessitates a protective intervention.

In South Africa, curatorship takes several forms, which include:

  • Curator Bonis: Managing and safeguarding the financial transactions and property of someone unable to do so themselves. The curator will handle and keep records of the individual’s investments, assets and all financial dealings.
  • Curator Ad Litem: Represents the individual in legal proceedings to ensure fair treatment and representation, advocating on their behalf.
  • Curator Personae: Takes charge of caring for the individual on a personal level, managing aspects like healthcare, living conditions and daily activities.

When Is Curatorship Necessary?

Realising that you or a loved one might need a curator can be tricky. Imagine the difficulty a person with a severe cognitive impairment might face in making informed decisions or a young child inheriting property and being at risk of exploitation. These scenarios, while distressing, are moments when curatorship becomes a shield to protect the vulnerable.

The Role of Specialists in Estate Matters

At Durban Law Offices, the focus is not just on the legalities but on understanding the human element involved in such sensitive matters. Our team of specialists is equipped with the knowledge to navigate through the maze of legal requirements to establish a curatorship.

Our expertise is not limited to understanding the law; it also includes empathising with the emotional and psychological distress often felt by families during such times.

Curatorship is more than a legal term; it is a vital service to protect some of the most vulnerable in society. If you are facing such a situation, contact Durban Law Offices today. Our team of dedicated family law lawyers is ready to help guide you through the process.