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Legal
Appointing an administrator
FOR A MENTALLY INCAPACITATED INDIVIDUAL
Being capable of making decisions regarding one's personal
affairs and assets forms an integral part of our day-to-day lives.
If, however, a person is diagnosed with a severe or profound intellectual disability, the law no
longer attaches consequences to the decisions made by such person. In practical terms this
means that the person cannot dispose of property, grant a power of attorney, and issue
instructions regarding his /her investment or take receipt of an inheritance. As a result, a third
party must be appointed to administer the person's affairs and act on the person's behalf.
There are currently two avenues available to apply for the appointment of a third party to
administer a mentally incapacitated person's affairs. The first is to apply to the High Court for
the appointment of a curator ad litem and then a curator bonis. The High Court first appoints
a curator ad litem, usually an advocate of the High Court, to investigate the legitimacy of the
application and then, if satisfied, appoints a curator bonis to administer the incapacitated
person's affairs.
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