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South Africa Law
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I need to obtain legal guardianship of my brother. I live in

I need to obtain legal...
I need to obtain legal guardianship of my brother. I live in the USA and my brother lives in South Africa. His stepmother had guardianship of him but she passed away last year. He is 45 and mentally disabled. He lives in an institution. We care for him financially through a trust fund and also with a pension.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: He is in Guateng
JA: What documents or supporting evidence do you have?
Customer: I am his brother. Birth certificates
JA: Anything else you want the lawyer to know before I connect you?
Customer: is the lawyer in South Africa?
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Customer reply replied 18 days ago
What I am really looking for is someone who will be able to apply for legal guardianship for me on my behalf so I do not need to travel back to South Africa. WWant to know if this is firstly possible, and second, how much it would cost? Also what documents would you need?
Customer reply replied 18 days ago
I would also like to know what kind of timeline I could expect. Thanks
Answered in 4 hours by:
1/5/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,655
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Okay, so firstly because your brother is an adult, you won't apply for legal guardianship over him. What you would apply for is a curator bonis to be appointed.

The curator bonis is appointed by the High Court (normally to old people, who don't have the mental capacity to manage their own affairs) and the curator essentially takes over your brother's affairs - financial and otherwise. The cost of such an application is about R50,000 to R80,000 depending on whether it is opposed (by another family member, for example) or not opposed.

BUT, you said that he is cared for financially by a trust.

So why do you want to place him under curatorship ("guardianship"); what is the reason?

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 18 days ago
Hi. Thanks for your prompt reply. The reason I need guardianship is that my brother's pension benefit would be discontinued without it. I have also been told they need to get a fresh medical record stating his situation before they may continue further with his pension benefit.From what I understand it is your fees that could cost between R50,000-80,000? Is this correct, or is it the application fee itself? It seems unclear. But if it is your fee at that rate I can fly to SA and have this completed myself for cheaper. I'm looking for an alternative without depleting his trust fund. If you can help please get back to me. Thanks.Michael

Hi Michael,

What you're saying about pension and guardianship doesn't really make sense - but anyway.

The attorneys fees would be about R50k to R80k. You might be able to launch the High Court application yourself, but you are paying an attorney to assist because it is quite a complex application. You're paying for the attorneys time and skill in knowing what to do.

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Customer reply replied 16 days ago
Thanks.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further questions please can you rate my answers above as positive; and then ask further questions if you need clarity on the answer provided.

Regards

CaseLaw

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,655
Experience: BCom; LLB; Masters in Law
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CaseLaw
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Category: South Africa Law
Satisfied Customers: 1,655
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