Application Joy Sterne for the appointment of a Curator ad Litem and Curator Bonis et Persona on Behalf of Richard Selmar Sterne (21531/08), Ex parte [2008] ZAGPHC 311 (22 May 2008)

Application Joy Sterne for the appointment of a Curator ad Litem and Curator Bonis et Persona on Behalf of Richard Selmar Sterne (21531/08), Ex parte [2008] ZAGPHC 311 (22 May 2008)

The court found that the applicant, although a former spouse, had a sufficient and direct interest in the welfare of the respondent, supported by the major children and prior involvement in curatorship proceedings. The respondent's recent pattern of excessive and irrational spending, combined with psychiatric evidence of bi-polar disorder and admissions regarding medication omissions, established a prima facie case of incapacity to manage his financial affairs. The explanations provided by the respondent for his purchases were found to be extraordinary and not credible. The court concluded that the appointment of a curator ad litem was justified to investigate and report on the...

Citation
[2008] ZAGPHC 311
Parties
Applicant: Joy Sterne; Respondent: Richard Selmar Sterne
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
22 May 2008
Case Number
21531/08
Procedural Posture
Ex Parte Application / Judgment
Outcome
Order granted appointing Advocate Marinda Veldsman as curatrix ad litem to report on the respondent's mental capacity and ability to manage his affairs. Costs reserved.
Judges
Makgoka
Legal Topics
Curatorship, Locus Standi, Mental Capacity, Urgent Application
Civil Procedure Family and Children Curatorship Locus Standi Mental Capacity Urgent Application

Case Brief

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Parties

Joy Sterne

Applicant

Richard Selmar Sterne

Respondent

Procedural Posture

Ex Parte Application / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application for appointment of a curator.
  2. 2 Whether the respondent is incapable of managing his own financial affairs due to mental disorder.
  3. 3 Whether the appointment of a curator ad litem is justified on the facts.

Ratio Decidendi

The court found that the applicant, although a former spouse, had a sufficient and direct interest in the welfare of the respondent, supported by the major children and prior involvement in curatorship proceedings. The respondent's recent pattern of excessive and irrational spending, combined with psychiatric evidence of bi-polar disorder and admissions regarding medication omissions, established a prima facie case of incapacity to manage his financial affairs. The explanations provided by the respondent for his purchases were found to be extraordinary and not credible. The court concluded that the appointment of a curator ad litem was justified to investigate and report on the...

Court Disposition

Order granted appointing Advocate Marinda Veldsman as curatrix ad litem to report on the respondent's mental capacity and ability to manage his affairs. Costs reserved.

Orders

  • Advocate Marinda Veldsman is appointed curatrix ad litem to Richard Selmar Sterne to report urgently to the court on the patient's mental capacity, ability to manage his affairs, and the appointment of a curator bonis and/or curator ad persona.
  • The curatrix ad litem is empowered to consult with the patient and others to establish his mental state and capability to handle his affairs.