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the property for the duration of the person's incapacity. The
appointment of a curator nominate must be confirmed by the master
of the high court.
(2) An assumed curator is the curator appointed by a curator nominate to
assist him or her, or even to take his or her place as curator. An
assumed curator may be appointed only if the testator or donor
conferred the power of assumption on the curator nominate. The
appointment of the assumed curator must also be confirmed by the
master of the high court.
(3) A curator dative is a curator appointed by the high court or the master
of the high court in terms of common law or legislation. The high
court may, for example, appoint a curator dative to take care of the
estate (and person) of a mentally ill person or someone who is unable
to manage his or her own affairs (eg, because of old age, a serious
illness or a handicap). The master of the high court may, inter alia,
appoint a curator dative over property which belongs to someone
whose place of residence is unknown, or who is permanently absent
from South Africa without having a legal representative to administer
the property here.
(4) A curator or curatrix ad litem is someone who assists a person in
litigation because the person does not have capacity to litigate. Such a
curator is appointed for, for example, unborn children, mentally ill
persons, and minors who are involved in litigation against their
parents.
2.2 The requirements for appointment as a curator
You must know what the requirements for the appointment as a curator
are. These requirements, which are basically the same as the requirements
for the appointment as a guardian, are listed in your textbook on page 303
from (1) to (5).
2.3 The rights and duties of a curator
You must know what the rights and duties of a curator generally are. They
are listed on pages 303±304 of the textbook. Note, once again, that these
rights and duties are very similar to the rights and duties of a guardian.
2.4 Termination of curatorship
Note that curatorship is terminated at the commencement of certain
events. These events are listed on page 304 of your textbook from (1) to
(7). You must be able to list them.
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