Curator Bonds of Security | Document Guide

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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