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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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My father is ill and in frail care in South Africa, cannot

Customer Question

My father is ill and in frail care in South Africa, cannot look after himself in anyway or form. His girlfriend still uses his bank cards to withdraw his money even though she gets R14500 from a standing order set up on his account. What as a family can we do about this?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  JW Fourie replied 2 years ago.
JW Fourie :

Hi.

JW Fourie :

My name is ***** ***** I will assist you.

JW Fourie :

What you need to do is to immediately appoint an attorney to assist you in appointing a curator for your father.

JW Fourie :

This person will be someone who is approved by the Master of the High Court as a fit and proper person.

JW Fourie :

The curator will then take control over your father's finances

JW Fourie :

I am not sure if this answers your question. 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

JW Fourie and other South Africa Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for the reply. Could you tell me how me once the attorney is appointed how long the process will take for a person to become the curator?

Expert:  JW Fourie replied 2 years ago.
It depends on how quickly the curator ad litem can compile his report. I would estimate between 4 - 6 weeks, but an attorney can ask for relief in the interim.
Customer: replied 2 years ago.

Thanks for the reply, could you advise me if there is a cost involved and estimated cost if possible?

Expert:  JW Fourie replied 2 years ago.
There will be a cost involved. Questions about costs is always difficult to answer, but I think you will probably be looking at R 15 000+ in attorneys and advocate fees. The curator bonis will also be entitled to remuiration, but that is set by statute. There may be other ancilliary costs as well, such as for psychiatrists and doctors.
Customer: replied 2 years ago.

Hi there, if my fathers girlfriend has power of attorney over his bank account, what proof does she need? Also if a curatorship was in place would she still have power of attorney of his bank account?

Expert:  JW Fourie replied 2 years ago.
Have you obtained the services of an attorney yet? I am not sure what you mean with the first part of your question.

With regards ***** ***** power of attorney, that will be canceled as soon as the courts find that he is not competent to handle his own affairs.
Customer: replied 2 years ago.

No we have not obtained the services of attorney yet. Reason being I had a meeting with the attorney who will become the executor of his estate once my father passes on and his girlfriend about spending money on his account that we need to pay for his care, but she is still using his account for her personal use. The attorney as mentioned as said the girlfriend has power of attorney of my fathers account currently, but what proof does the girlfriend need to have to show, that she has power of attorney of his bank account?

Expert:  JW Fourie replied 2 years ago.
She needs to show a physical document which your father has signed giving her the power of attorney. The bank will probably have a copy of that document.
Customer: replied 2 years ago.

Thanks will check at the bank.

Expert:  JW Fourie replied 2 years ago.
No problem