A guide on what documents I need to lodge bonds of security with the Master of the High Court in Curator matters
CURATOR BONIS IN RESPECT OF PERSONS INCAPABLE OF MANAGING THEIR OWN AFFAIRS:
1) Notice of Motion, affidavit and annexures
2) Consent to act as curator-ad-litem (if applicable)
3) Certified copy of Court Order appointing curator-ad-litem (if applicable)
4) Report by curator-ad-litem (if applicable)
5) Certified copy of Court order appointing curator bonis
6) Application for appointment as Tutor/Curator (J197) signed by the curator with full addresses and amount of bond. Must be properly witnessed
7) Undertaking and Bond of security and suretyship. Must be an original. Master must be cited correctly. Bond must be provided by an insurance company, and suretyship document must contain the stamp of the insurance company UNLESS THE CURATOR BONIS IS EXEMPT FROM FURNISHING SECURITY IN TERMS OF THE COURT ORDER
8) Certified copy of the identity document of the curator bonis as per the court order
9) Certified copy of the identity document of the patient
10) inventory
ADMINISTRATOR IN TERMS OF SECTION 60 OF THE MENTAL HEALTH CARE ACT 17 OF 2002:
The situation must be such that the patient suffers from a mental illness or severe intellectual disability. Assets must be below R200 000-00 and income must be below R24 000-00 p.a.
1) Covering letter
2) CB 11 form – application to the Master to appoint an administrator. Affidavit must confirm that no similar application has been lodged in respect of the same person with another Master; reasons to be furnished why it is in the best interests of the person alleged to be mentally ill that the specific Master’s office exercises jurisdiction. A suitable person must be recommended. Valid reasons must be advanced for the appointment
3) Doctor’s reports/ psycho-social reports (x2 lodged in the original – must be recent)
4) Patient’s receipt / acknowledgement of the application brought for appointment of an administrator. Where the patient is unable to appreciate the nature of the application because of his condition, the person in whose care he is, must confirm so on affidavit
5) Inventory (value of property must be below R200 000-00 and annual income must be below R24 000-00 p.a. If possible, proof of the assets and income must be lodged)
6) Certified copy of the identity document of the applicant
7) Certified copy of the identity document of the patient
8) Undertaking and Bond of security and suretyship to cover the full value of the assets. Must be an original. Master must be cited correctly. Bond must be provided by an insurance company and suretyship document must contain the stamp of the insurance company, or if applying for an exemption, a motivation as to why the applicant should be exempt from furnishing security
9) Nominations for appointment of the applicant (All interested parties must have made representations on the matter. If not, Master will write to them for their input. They must lodge nominations)
10) Next-of-kin affidavit of the patient
11) CB 48(e) / J197 – application for appointment (to be signed by applicant. Ensure that all addresses are indicated and, if a bond is being furnished, the amount must be stated
CURATOR BONIS IN ASSET FORFEITURE MATTERS:
1) Notice of Motion, draft order, annexure “A” setting out assets, founding affidavit, annexures, consent letter from curator bonis. Court order will indicate who has been appointed as the curator bonis
2) Certified copy of Court order (preservation/confiscation/realisation)
3) Application for appointment as Tutor/Curator (CB 48(E) /J197) signed by the curator with full addresses and amount of bond. Must be properly witnessed
4) Undertaking and Bond of security and suretyship. Must be an original. Master must be cited correctly. Bond must be provided by an insurance company and suretyship document must contain the stamp of the insurance company
5) Certified copy of the identity document of the curator bonis as per the court order
6) Inventory (filed in some cases)
7) Affidavit of non-interest (filed in some cases).
Jacqui Smith (LLB)
Legal Advisor
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