A durable power of attorney for older South Africans

N. van Dokkum

Abstract


As an individual grows old, his/her mental faculties may diminish, sometimes to an extent that the individual is no longer capable of managing his/her affairs. It then becomes necessary to appoint another person to act on the individual's behalf. Under existing South African law, the procedures available for appointing a person to manage anothers affairs are either expensive or of limited use. What is needed is a simple, inexpensive and effective means for a caregiver to be appointed as an agent for an older person who is no longer regarded as competent in the eyes of the law. This paper suggests that an appropriate instrument is the durable power of attorney.

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References


Frolik, L.A. & Kaplan, R.L. 1995. Elder law in a nutshell. St Paul. Minnesota: West.

State of Massachusetts (USA). 1990. Uniform Durable Power of Attorney Act. Massachusetts General Laws Annual. Chapter 201B, ss: 1-7.

South African Law Commission. 1987. Enduring powers of attorney and the appointment of curators to mentally incapacitated persons. Working Paper 18, Project 61.

State of Georgia (United States of America). 1991. Official Code of Georgia. Sections 31-36-1 - 31-36-13.




DOI: http://dx.doi.org/10.21504/sajg.v6i1.107

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