Have you ever thought about what would happen if you or your partner were no longer able to manage your affairs as a result of physical or mental deterioration? In most instances, the healthy partner would assume responsibility for these matters. And, in the event that both partners were affected, responsibility would typically fall to their adult children. However, this is not a simple situation and, unless the correct legal procedures are followed, access to funds may be denied, with serious consequences for the family.

If there’s one myth we need to expose, it’s this: that as long as there’s a power of attorney in place, you’re at liberty to administer and access funds and make decisions on behalf of your incapacitated spouse or parents. This is, in fact, unlawful.

In terms of the South African law of agency, the so-called ‘agent’ (in this case, you) can never have more power or authority than the ‘principal’ (in this case, your incapacitated spouse or parents). This means that as soon as an individual shows signs of incapacity, exercising a power of attorney becomes problematic.

So, what happens in the case of cognitive impairment as a result of Alzheimer’s or other forms of dementia? The only avenue available to those confronted with this reality is to make application for the appointment of a Curator Bonis. While this duty typically falls to the family, any person with an interest in the incapacitated individual’s affairs is permitted to make application.

Be warned, however, that this is a cumbersome process – those involved require the support of an Advocate of the High Court as well as two medical reports – one from a general medical practitioner and the other from a neurologist or psychiatrist – so it’s important to move quickly when it becomes evident that this is the route which must be taken.

Continuous care is one of the four pillars of Evergreen’s Partnership for Life promise and our world-class Care Centres enable us to deliver the highest standard of care to seniors facing physical and mental challenges. From primary healthcare through to recuperative care, frail care, dementia care and palliative care, we offer the full range of care options to our residents. And, with the support of a Curator Bonis, we are able to take care of every aspect of the care of single seniors suffering from dementia, with compassion and dignity.

If you’re interested in exploring our continuous care model and finding out more about our Partnership for Life promise, please call Sharon on 087 808 7000 or email us at info@evergreenlifestyle.co.za.