This is the report of the curator, presented to the court, detailing the efforts of the curator to locate the missing defendant in a Petition for Declaration of Death
This is the report of the curator, presented to the court, detailing the efforts of the curator to locate the missing defendant in a Petition for Declaration of Death
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COMMON LAW: Appointment of a Curator Bonis in terms of our common law: The High Court may declare a person incapable of managing his or her own affairs, and may appoint a curator to the person and/or property of such person.
An adult whose competency is in question must be represented by an attorney at a hearing. If the court finds that the person is incompetent to exercise some or all decision-making authority, then the court must decide who is the appropriate person to take on decision-making for the incompetent person.
A curator bonis is a person (usually an attorney or advocate) appointed by the High Court to manage the financial interests and assets of a person who has been declared to be unable to do so. The reason for his/her inability could stem from mental or physical incapacity.
In Scots and Roman-Dutch laws, a curator bonis is a legal representative appointed by a court to manage the finances, property, or estate of another person unable to do so because of mental or physical incapacity. The corresponding office in common law is that of conservator or guardian of the property.
1.12 The curator appointed to administer the estate of a person declared incapable of managing his or her own affairs is known as a curator bonis, while the curator appointed to take decisions as to the care, custody and welfare of the person, or to consent to medical treatment on behalf of such person is called a
The main function of the curator ad litem is to manage the patient's interests in court and in relation to the court proceedings on the patient's behalf, because the patient is by reason of mental illness unable to do so himself.
You start the process of declaring a person mentally incompetent by filing an official petition with the local district of your state's probate court. At the same time that you are filing to have someone declared mentally incompetent, you are also filing to become their legal guardian.
INTERDICTION is the term used for the plan of having a Court declare a person is not competent to take care of his own affairs and appoints a Curator for that person. In addition to a curator, there will also be an Under-Curator appointed.
What is a Curator? A curator may be appointed by the state's probate courts to take charge of the estate until a letter of administration is issued. Curators are neutral and appointed temporarily. Curators are only appointed to estates that need a person in control to prevent any damage to beneficiaries and creditors.