may, on application being made by the Attorney-General, appoint a curator for the care and administration of the
patient’s estate.
(3) A judge or magistrate who appoints a curator in terms of subsection (1) or (2) may confer upon the
curator authority to do any specific act or exercise any specific power mentioned in section eighty-eight or may
confer general authority to exercise, on the patient’s behalf, all or any of those powers without further application
to the judge or magistrate, as the case may be.
(4) If required to do so by the judge or magistrate who appointed him, a curator appointed in terms of this
section shall provide security to the satisfaction of—
(a) the Master, where he was appointed by a judge in terms of subsection (1); or
(b) the magistrate who appointed him, where he was appointed in terms of subsection (2);
for the proper administration of the patient’s estate and, for that purpose, may furnish a fidelity bond the
premiums for which shall be payable out of the estate.
(5) The Minister, with the approval of the Minister responsible for finance, may by statutory instrument
amend any amount specific in subsection (2).
87 Functions and remuneration of curator
A curator appointed in terms of section eighty-four—
(a) shall have the same duties and obligations as an executor appointed for the administration of a deceased
person’s estate in relation to the lodging of an inventory or additional inventory of the patient’s property
and of accounts of his administration, and in respect of any such inventory or account the same stamps
and fees shall be payable as in the case of the estate of a deceased person:
Provided that, where the curator was appointed in terms of subsection (2) of section eighty-six, the
inventories and accounts shall be lodged with the clerk of the magistrates court for the province
concerned, and the clerk shall send them without delay to the Master;
(b) shall be allowed the same remuneration, to be fixed by the Master, as in the case of an executor of a
deceased person’s estate.
88 Curator may be authorized or required to do certain things
A judge or magistrate may authorize or direct a curator appointed in terms of subsection (1) or (2), as the case
may be, of section eighty-six to do all or any of the following things—
(a) sell, let on hire, exchange, partition, mortgage or dispose of any of the patient’s property, and give or
receive any money in consideration for any such transaction;
(b) acquire any property in the patient’s name;
(c) maintain or improve any of the patient’s property or any property of his spouse;
(d) carry on or discontinue any trade or business of the patient;
(e) dissolve any partnership of which the patient is a member;
(f) perform any contract relating to the patient’s property which the patient entered into before he became
mentally disordered or intellectually handicapped;
(g) exercise any power, including a power to consent, vested in the patient, whether beneficially or as
guardian or trustee or otherwise;
(h) settle any of the patient’s debts;
(i) provide for the patient’s present or future maintenance;
(j) provide for the maintenance, education or advancement of the patient’s spouse, children or dependents;
(k) continue such charitable or benevolent acts exercised or promised to be exercised by the patient as the
judge or magistrate, as the case may be, considers proper and reasonable;
(l) institute, defend or settle such legal proceedings as are necessary in the interests of the patient or the
proper administration of his estate;
(m) make such reports to the Master concerning the patient’s estate as the Master or the judge or magistrate,
as the case may be, thinks fit;
(n) generally, do any other thing to secure the proper administration of the patient’s estate in furtherance of
the patient’s interests and the legitimate interests of his spouse, children and dependents.
89 Commencement and duration of duties of curator and Master
(1) A curator appointed in terms of section eighty-six shall not commence the administration of the patient’s
estate until—
(a) the Master, in the case of a curator appointed by a judge in terms of subsection (1) of section eighty-six,
or
(b) the clerk of the court of the magistrate who appointed him, in the case of a curator appointed in terms of
subsection (2) of section eighty-six;
has given him a certificate that he has been so appointed and is authorized to have the custody and administration
of the patient’s estate.
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