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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
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My daughter (aged 31) suffers bipolar, my sister and her family

Customer Question

My daughter (aged 31) suffers bipolar, my sister and her family and friends have wiped her out financially taking money (approx R1million) , hidden her meds so she would lose weight, and left her in a shocking state that nearly killed her. What - if anything - can be done legally to get justice and make them pay back what they have taken from her ?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  JW Fourie replied 2 years ago.

JW Fourie :

It shows me here that you are from the UK. Is this correct?

Customer:

yes

JW Fourie :

Is your sister in South Africa?

Customer:

but my daughter lived in SA and so are the people who have done this to her

Customer:

yes

JW Fourie :

Sorry. Daugther.

Customer:

they have cost her her employment as well

Customer:

my daughter is now here with me she arrived 5 weeks ago in terribly ill and is still recovering

JW Fourie :

IF she is on her medication, she would be capable of making her own decisions rationally, correct?

Customer:

they are also threatening to trash her career - she has a very good career and if they do this she will never work again

Customer:

they were hiding her meds from her

Customer:

and no not necessarily, a major part of bipolar is not being able to control money issues

JW Fourie :

Is she returning to South Africa at some point?

Customer:

over here it is a very definate criminal offence and they would be arrested

Customer:

no she cannot go back for a long time she is now to ill

JW Fourie :

But is she going to return or is she to remain in the UK from now on?

Customer:

she was managing her money quite well when they left her alone but my sister is an addicted gambler and basically terrorised her for money

Customer:

she is going to stay here for the forseeable future

JW Fourie :

Okay.

Customer:

the mental health act over here would have protected her

JW Fourie :

So, from what you have told me, this is what I understand: Your sister knows of your daughters disorder. She hid the medication in order to manipulate your daughter into giving her money.

JW Fourie :

This she then used basically for gambling.

Customer:

the pyschiatrist told me what they did was not only extremely dangerous but criminal

Customer:

yes

Customer:

and her daughter and her friends as well - they all did it to her

Customer:

my daughter had an extremely good job, she lost that because my sisters husband kept threatening to tell her boss she has bipolar (she also has a brain tumour as well) she caved in and had a serious bipolar episode and lost her job

JW Fourie :

1. Your daughter would be able to claim her money back from her aunt and all the other people involved in this issue through civil action in the High Court. For that she would need to appoint a South African attorney who can sue them in the relevant court. She can appoint the attorney from the UK, but she would probably want to wait until she is better.

Customer:

they are now threatening to telephone everyone my daughter knows and cause upset, my sister has already been trying to get hold of my daughters friends

JW Fourie :

2. They could also potentially claim for the damages incurred due to her loss of income and for her current rehabilitation.

Customer:

how much would this cost her

Customer:

i am trying to deal with £R240,000 of debt they have got her into - again this is another symptom of bipolar

JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience: L.LB (UOVS)
JW Fourie and other South Africa Law Specialists are ready to help you
Expert:  JW Fourie replied 2 years ago.
If they do go ahead and defame her, then she would also be able to institute criminal charges for crimen iniuria. I think it is called libel in he UK.

4. She should definitely consider having a curator bonis appointed who can assist her in looking after her financial affairs. This is normally a trusted person appointed by the court who is accountable to the court. That will ensure that this will never happen again from a financial point of view.

5. I would also consider getting injunctions (interdicts) against all the people involved. That would criminalize any contact that they make with her once she is back in South Africa.

All of this is not going to come cheap, unfortunately. Unfortunately I would also not be able to tell you exactly what it is going to cost. There are just too many variables and that question is better suited to whomever your daughter is going to appoint as an attorney.

I am not sure what else I can advise you on. So if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 2 years ago.

thank you so much for your replies, it has helped me understand what has to be done, again thank you

Expert:  JW Fourie replied 2 years ago.
My pleasure and good luck. Take heart in the fact that your daughter is at least now in capable and loving company.
Customer: replied 2 years ago.

Im reeling at the sheer cruelty still, my daughter is my main concern so onwards and upwards, i will at some point take this legal action - we might be able to get legal aid over here, so it actually costs us nothing or very little. The Mental Health Act over here is very powerful. Again thank you for your speedy and precise replies it has helped me a lot

Expert:  JW Fourie replied 2 years ago.
The Act will not be applicable to acts committed in South Africa, however. It will probably be tried as assault or criminal neglect here in South Africa.

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