POA & Curatorship in South Africa

What is a Power of Attorney?

A legal document that authorises another person to act on your behalf.

Limitations

• Expires upon death, insolvency, or incapacity.
• No enduring power of attorney.

Curatorship

• Appointed by the High Court.
• Curator bonis – manages financial affairs.
• Curator ad personam – manages personal affairs of a person with mental illness or incapacity.
• Curator ad litem – investigates and represents a person’s interests in legal proceedings.

Administration

• Appointed by the Master of the High Court.
• Less expensive and simpler than curatorship.
• Used only for smaller estates and recognised mental incapacity.

Living Will

A document that states your medical wishes in advance. Used when you can no longer make medical decisions yourself. Helps prevent conflict between family members and doctors.

Medical Proxy / Medical Power of Attorney

A person authorised to make medical decisions on your behalf.

• Focuses on healthcare decisions.
• Can work together with or instead of a living will.

Practical Examples

• Mrs Pieterse – Alzheimer’s → Curator ad litem + Curator bonis.
• Mr Vermeulen – Small estate → Administrator.
• Mrs du Toit – Overseas → General power of attorney.
• Mr Smith – Living will + medical proxy.

Soekie Riekert-Botha
📞 +27 12 346 3554
✉️ soekie@aburden.co.za
✉️ pro@aburden.co.za
🌐 www.bsbattorneys.co.za