South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need to obtain legal guardianship of my brother. I live in…

I need to obtain...

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.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

He is in Guateng

Lawyer's Assistant: What documents or supporting evidence do you have?

I am his brother. Birth certificates

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is the lawyer in South Africa?

Show More
Show Less
Ask Your Own South Africa Law Question
Customer reply replied 6 months 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 6 months 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: 1,706
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

Ask Your Own South Africa Law Question
Customer reply replied 6 months 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.

Ask Your Own South Africa Law Question
Customer reply replied 6 months 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: 1,706
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CaseLaw Your Own Question
CaseLaw
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
1,706 Satisfied Customers
Experience: BCom; LLB; Masters in Law

CaseLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,801 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

218 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
My dad passed away after a fight with cancer three years
My dad passed away after a long fight with cancer three years ago. My stepmother told us that her son was nominated executor. She informed us that my dad left her everything, after we inquired to see … read more
Christiaan K
Christiaan K
LLB
218 satisfied customers
I am in South Africa, Johannesbug. I need someone that is an
I need someone that is an expert in family law - Guardianship application… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,801 satisfied customers
Dear Tina, I live in Cape Town South Africa and I have a
I live in Cape Town South Africa and I have a friend who has been abandoned by her husband and he has moved back to California or Colarado three years ago. They sill remain married according to South African law. She has tried unsuccessfully to get in touch with his to file for divorce. … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,801 satisfied customers
I have a very unusual situation I met when she was 6 months
Good Morning I have a very unusual situation I met Jane when she was 6 months pregnant with Nicholas - she had nobody I took her took her to my gynae and have raised nic as my own for 12 yearsto us he… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
What are the new regulations governing the entry and exit from
What are the new regulations governing the entry and exit from South Africa of South African citizens who are minors… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,801 satisfied customers
I want to know if I would be able to obtain guardianship of
I want to know if I would be able to obtain guardianship of my grandson. His Mother is not working. I am supporting her in all her expenses. I am paying school fee and aftercare. However I am not livi… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,801 satisfied customers
Good day My name is XXXXX XXXXX I live in South Africa. I
Good day My name is XXXXX XXXXX I live in South Africa. I have a case of "Embezzelment"/"Larceny" in the amount of $5 000 against an American citizen and I need your advice on what to do. I will try a… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
My husband and I are both US citizens and we were married in
My husband and I are both US citizens and we were married in the US. I am now in South Africa and will be staying for 6 months. I have only been here 3 weeks so far. Can I get a divorce while I am sta… read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
I live in USA and my mother lives in South Africa, what is
I live in USA and my mother lives in South Africa, what is the procedure to get power of attorney over my mother for my cousin who lives in South Africa… read more
Shaie Zindel
Shaie Zindel
Attorney
B.A. (RAU); BProc (RAU)
1,249 satisfied customers
I am travelling to Cape Town in November from the UK. I was
I am travelling to Cape Town in November from the UK. I was born in Stellenbosh and have a birth certificate signed by the british consulate in Cape Town 6 months after I was born. My Mum cannot remem… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have just bought a property in South Africa.I would like
I have just bought a property in South Africa.I would like to know which type of residence I can apply for. If I am given a temporary residence permit can I open a bank account and buy a car?… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
how to obtain a temporary visa or tourist visa what are the
how to obtain a temporary visa or tourist visa? what are the requirements? I am working in uae.… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
i intend getting married to usa citizen and he will settle
i intend getting married to usa citizen and he will settle with me in south africa. What is the law requirement. He is 60 years of age and want to invest approx usd250000.00 how does he open dollar ba… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
MY HUSBAND AND I WERE BOTH BORN IN SOUTH AFRICA. WE ARE NOW
MY HUSBAND AND I WERE BOTH BORN IN SOUTH AFRICA. WE ARE NOW US CITIZENS. HOW DO WE RESUME SA CITIZENSHIP? ALSO WE HAVE ONE CHILD THAT WAS BORN IN THE US, SHE IS 17 YEARS OLD, HOW DO WE OBTAIN SA CITIZ… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
My daughter was married in sa and is presently living in london.
My daughter was married in sa and is presently living in london. she would like to obtain a divorce (not contested) in south africa but is unable to travel here. if she were to give me power of attorn… read more
JP
JP
Bachelor
590 satisfied customers
I am a South African citizen. I am married to an American,
I am a South African citizen. I am married to an American, and am a permanent resident in the USA. I have an 8 year old son who lives with my parents in South Africa; he has lived with them in South A… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
im a south african mother of 2;working in saudi arabia since
i'm a south african mother of 2;working in saudi arabia since feb 2005. my son,6 yrs old,was fathered by a married man whom i've never placed any restrictions on for seein our son;i've also never file… read more
PHINEAS MOTAUNG
PHINEAS MOTAUNG
Attorney
Bachelor's Degree
113 satisfied customers
My husband, adult daughter (age 23) and I all plan to visit
My husband, adult daughter (age 23) and I all plan to visit our son/brother for 9 days in March, 2010 while he will be doing a study abroad semester in Cape Town, RSA. Do we need a tourist visa ? If s… read more
JP
JP
Bachelor
590 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x