MY FAMILY MEMBER HAS ALZHEIMERS

WHAT IS MY NEXT STEP?

Alzheimers and Dementia is of the most feared illnesses that is increasing world wide.  It has many consequences, especially when it comes to the assets of the person.  Alzheimers and Dementia has to the effect that the person is no longer capable of managing his/her own affairs.  An Administrator is appointed to take control of the assets of a person who has a mental illness or a profound intellectual disability.

The application is done in terms of Section 60 of the Mental Health Care Act and is lodged directly with the Master of the High Court.  It is therefor a cheaper and quicker process than the Curator Bonis route.  When a Curator Bonis is appointed, the High Court must be approached.  A Curator Bonis can be appointed in the instance where a person has a mental illness or where the person is physically incapacitated, while an Administrator can only be appointed in the instance where a person is mentally incapacitated.

The application for the appointment of an Administrator is brought by a person’s next-of-kin.  In the instance where the applicant is not the next-of-kin of the person, the steps that has been followed to determine the whereabouts of the person’s next-of-kin, if any, must be set out in the application.

The Master of the High Court must determine within 30 days after receipt of the application confirm whether an investigation has to be done to determine the merits of the application.  An investigation is only necessary in the following instances:

  1. If certain allegations in the application has to be confirmed;
  2. If further information in support of the application is needed; or
  3. When the asset value of the person is more than R200 000.00 and the yearly income is more than R24 000.00.

The investigation has to be done by a qualified person, for example a social worker.

The investigator has 60 days to finalise the investigation and to lodge his/her report with the Master afterwhich the Master has 14 days to do the following:

  1. The appointment of the Administrator;
  2. Refusing to appoint the Administrator;
  3. Refer the matter to a Judge in Chambers to consider the matter and make a ruling.

Upon receipt of the Administrator’s appointment certificate, the Administrator takes control of the assets of the person.  The duties of the Administrator includes the collection of all income that is payable to the person as well as the payment of all monthly expenses of the person.  All payments that must be attended to, as well as all duties to be performed by the Administrator are under the supervision and with the permission of the Master.

On a yearly basis, an obligation is placed on the Administrator to lodge an account with the Master in which the income, expenses, assets and liabilities of that person for the specific period is reflected.

Legislation prescribes the fees that an Administrator is entitled to.

For any further enquiries, feel free to contact Anél Malherbe at 079 412 3630 or by email at anel@malherbelaw.co.za

Disclaimer

The information contained in this article is provided for general informational and educational purposes only and should not be construed as legal advice on any subject matter. Readers should not act or refrain from acting on the basis of any content included in this article without seeking legal or other professional advice.