Power of attorney explained

NELSPRUIT – A talk by Ms Joanne Cochrane was as enlightening as it promised to be when she cleared up some confusion regarding power of attorney privileges.

Cochrane, a lawyer at Brosens Cochrane Attorneys told her audience at Herfsakker Old-Age Home on September 18, that it was commonly accepted that power of attorney remained intact in South Africa when someone started losing their mental capabilities. This, she warned, was not the case.

She was invited by Alzheimer’s South Africa’s local branch after Ms Allyson Broodryk of the organisation started receiving complaints from people who found that they were not authorised to conduct their ill parents’ affairs, despite having signed a power of attorney over to them.

Cochrane explained that it applied only to the sick and elderly, and lapsed as soon as someone was diagnosed with a mental illness, such as Alzheimer’s Disease. She advised the audience members that their options, when looking after the legal affairs of a parent with the disease, were to either apply for curatorship of the person’s affairs or apply to have it put under administration.

Both required an application to be brought by the agents wishing to administer the patient’s affairs. Curatorship called for an application to be made to the High Court, which was a drawn-out and a costly affair.

Cochrane’s advice was to apply for administration. This could be made to the master of the High Court, and neither lawyers nor advocates would be needed.

Both systems limited the agent’s powers. Since mental illness can vary, Cochrane says even when someone’s affairs have been placed under administration or curatorship, they could still legally act on their own behalf at times when they are mentally fit to do so.