Protecting Their Future: A Curatorship Guide

Posted 18th September 2025

SUPPORTING YOUR LOVED ONES: A GUIDE TO CURATORSHIP APPLICATIONS AND ALTERNATIVELY THE APPOINTMENT OF AN ADMINISTRATOR

When a loved one begins to lose their ability to manage their own affairs, whether due to dementia, Alzheimer’s, mental illness, stroke, or injury, it can be one of the most emotionally taxing experiences a family faces. You may be grieving a living loss, trying to protect their financial wellbeing, and navigating unfamiliar legal waters all at once.

At a time like this, the legal system may feel overwhelming, but it’s actually designed to help protect vulnerable individuals. Our firm is here to help lift that burden by guiding you through the process, whether it’s applying for curatorship through the High Court or, in certain cases, the appointment of an administrator for smaller estates under mental health legislation.

This article outlines both options and explains when each one applies, what’s involved, and how we can assist.

What is a Curatorship?

Curatorship is a legal process through which the High Court declares a person incapable of managing their own affairs and appoints a curator to act on their behalf.

This mechanism exists to protect individuals who can no longer safeguard their own interests, typically due to:

Dementia or Alzheimer’s disease;
Serious mental illness or psychiatric conditions;
Stroke or other forms of cognitive decline;
Traumatic brain injury.

Because curatorship involves a significant limitation of a person’s legal capacity and autonomy, it is a decision the courts approach with caution.

To ensure that the process is justified and the vulnerable person’s financial and personal interests will be safeguarded, the court relies on:

Medical evidence from at least two independent practitioners (one being a psychiatrist);
The input of an independent curator ad litem, appointed by the court, to assess the person’s condition, needs, and the suitability of the proposed curator(s);
A report from the Master of the High Court, based on the curator ad litem’s findings, confirming whether curatorship is appropriate and whether the nominated curator(s) are suitable.

Types of Curators

There are two main types of curators that may be appointed:

Curator bonis: Appointed to manage the financial affairs and estate of the person. The curator bonis is authorised to administer the patient’s property and financial interests, subject to the supervision of the Master of the High Court. Where required, the curator bonis must lodge security (a bond or undertaking), as prescribed by section 77 of the Administration of Estates Act 66 of 1965, to safeguard the estate.
Curator ad personam: The court may also appoint a curator to manage the personal affairs of the person, for example, to make decisions relating to medical treatment, care, custody, and general welfare. This is typically done only when the person is completely unable to care for themselves or consent to medical interventions.

Legal Framework

Curatorship in South Africa is governed by:

The common law
Rule 57 of the Uniform Rules of Court which sets out curatorship application procedure, affidavit contents, medical reports, and appointment of curator ad litem
The Administration of Estates Act 66 of 1965, particularly in relation to the reporting duties of the curator bonis and the requirement for security.

The Curatorship Application Process: Step-by-Step

The process is governed by Rule 57 of the Uniform Rules of Court. Here’s how it works:

Step 1: Medical Reports

Two independent medical reports must be obtained:

One report must be by a psychiatrist
Both reports must confirm that the person is incapable of managing their affairs
Reports must be based on personal examinations within the last 6 months

(Required by Rule 57(4)).

Step 2: Drafting and Filing the Court Application

The application is brought by an interested party (usually a family member) to the High Court. It includes a founding affidavit that must comply with Rule 57(3)).

As per Rule 57(3), the founding affidavit must include:

Full personal details of the person alleged to be of unsound mind;
The grounds for the belief that the person cannot manage their own affairs;
Details of their condition, supported by the required medical reports;
Nature and estimated value of the estate;
Relationship of the applicant to the person and their interest in the matter;
Whether the person is capable of understanding the application;
The name, occupation, and address of the proposed curator bonis;
Whether there are other interested parties (e.g. spouse, children), and if they consent;
A request for the appointment of a curator ad litem.

Supporting documents:

Certified ID copies;
Consent affidavits (if available);
Medical reports;
Inventory of assets and liabilities.

Step 3: Appointment of a Curator ad Litem

The court appoints an independent advocate as the curator ad litem. Their role is to investigate and report back to the court on:

Investigating the mental and financial condition of the person;
Assessing the suitability of the proposed curator bonis and ad personam;
Consulting with family members and interested parties.

Importantly, the curator ad litem must submit their report to both the High Court and the Master of the High Court.

Step 4: Master’s Report and Security Assessment

After receiving the curator ad litem’s report, the Master of the High Court evaluates the application and provides a formal report to the Court. This includes:

Whether curatorship is appropriate;
The suitability of the nominated curator bonis and ad personam;
Whether security should be furnished, and if so, the recommended amount.

This report plays a crucial role in the Court’s final decision, particularly regarding the protection of the patient’s estate and the fitness of the proposed curator.

Why Is Security Required?

Security is a form of financial protection, essentially an insurance policy, that ensures the curator bonis will not misuse or mismanage the estate.

In terms of section 77 of the Administration of Estates Act 66 of 1965, the curator bonis must:

Furnish security to the Master, unless exempted by the court;
Typically, this is in the form of a bond of security obtained from an insurance company;
The amount is based on the value and complexity of the estate.

This safeguard exists because the curator will be entrusted with control over the patient’s financial affairs, often for many years.

Step 5: Court Order and Final Appointment

If the court is satisfied with all reports and recommendations:

The patient is declared incapable of managing their own affairs;
The nominated individuals are appointed as curator bonis and curator ad personam;
The curator bonis may need to furnish security to the Master of the High Court, unless exempted; and
Once security is in place, the Letters of Curatorship are issued by the Master.

From that point onward, the curator bonis acts under the supervision of the Master of the High Court, and must:

Keep proper records of all financial transactions
Submit annual reports or accountings to the Master
Seek permission for significant transactions or changes (e.g., sale of immovable property).

When Is an Administrator Appointed Instead?

In some cases, a curatorship application to the High Court may not be necessary. If the person is mentally ill or with severe or profound intellectually disability, and their financial estate is modest (usually when the estate has a value of R200,000) an administrator may be appointed instead under section 60 of the Mental Health Care Act 17 of 2002.

Unlike curatorship, which requires a High Court application, the appointment of an administrator is handled through the Master of the High Court, making it faster, less costly, and more accessible in smaller estates.

The key differences are:

Curator bonis is appointed by the High Court and oversees larger or complex estates.
Administrator is appointed by the Master and oversees smaller estates under statutory thresholds.

Why Legal Assistance Matters

Applying for curatorship is a sensitive and highly technical process. Any errors in the founding affidavit, delays in securing medical reports, or non-compliance with the procedural rules can result in costly delays or even a refusal by the court.

At Mandy Simpson Attorneys, we understand that you’re not just dealing with a legal process, you’re dealing with the emotional reality of watching a loved one lose their independence. We’re here to take the pressure off and walk this journey with you.

Our legal team will:

Assess whether curatorship or administrator appointment is the most appropriate route;
Draft and submit all court documents in compliance with Rule 57;
Assist with obtaining the required psychiatric and medical reports;
Liaise with the Master of the High Court and the curator ad litem;
Guide you through each step with professionalism, clarity, and compassion.

Let us help you ensure your loved one’s best interests are protected, their dignity preserved, and the legal process handled with minimal stress. Contact us today to arrange for a consultation.