It appears that few people are aware that there The application, in brief summary, needs to
is an alternative and more cost-effective be in writing, under oath and must set out the
avenue available. In terms of Section 60 of the relationship of the applicant to the patient. It
Mental Health Care Act (Act 17 of 2002), any must include all available mental health
person over the age of 18 years may apply to related medical certificates or reports
the Master of the High Court for the relevant to the mental health status of the
appointment of an administrator for a mentally person and to his/her incapability to manage
ill person or person with severe or profound her own affairs. It must state the estimated
intellectual disability.
property value and annual income of the
person and must provide contact details and
The difference between the two applications, particulars of any one who may provide
other than the obvious cost implication, is that further information relating to the mental
the common law (High Court) application is health status of that person. In addition,
applicable to any situation where the person certain prescribed forms must be submitted.
becomes incapable of managing his/ her own
affairs, whereas the administrator application The Master allocates a reference number to
through the office of the Master can only be the estate, issues the confirmation of the
utilized if the person has a mental illness or a administrator's appointment and
severe or profound disability, (for example simultaneously issues detailed instructions
dementia or Alzheimer's disease).
and directions to the appointed
administrator.
There is a misconception that the Master will
only deal with estates where the value of the
patient's assets is below R200,000 or the
patient's income is below R24,000 per annum.
The Master's jurisdiction extends to estates that
exceed the prescribed values, but in these
cases the Master must first appoint an
investigator, who will perform almost the same
function as the curator ad litem in the High
Court Application, in terms of Section 60(5) of
the Act.
In a recent application which we lodged at the
Master's office in Johannesburg, the function of
investigating the application and reporting to
the Master was outsourced by the Master's
office to a practising attorney. The fee charged
by the investigator, which may not exceed
R15,000, is not covered by the Master's office ­
it must be paid by the estate of the
incapacitated person or the applicant.
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