A parent’s mental incapacity renders an adult child’s general power of attorney null and void
If an elderly parent loses the ability to grant power of attorney due to cognitive decline from, for example, dementia, the document becomes invalid. Picture: 123RF/OBENCEM
This has heightened the need for legal reform that will give adult children the ability to act on behalf of their elderly parents. Jacobs says adult children who transact on accounts using a power of attorney granted by a parent who no longer has mental capacity open themselves to civil and criminal claims.
Curatorship is a lengthy and expensive process costing tens of thousands of rand, and while administration is cheaper, it only caters for those who are mentally ill or incapacitated — not those who are physically frail. If you are granted an enduring power of attorney you will be able to open an account, buy a life right and even sell property on an elderly parent’s behalf. You will have to keep records and can be called on by the master to account for your actions.
Levies are on average R2,500-R7,000 a month and those who own sectional title or a freehold unit risk having to pay special levies if the scheme needs additional funds for expenses such as security or maintenance, he says. RezCare is planning to facilitate this trend in SA with vetted services on a pay-as-you-use basis for those who subscribe to its offering.
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