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Thread: Power of Attorney

  1. #1
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    Mar 2013
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    Power of Attorney

    I have a special power of attorney over my father - to handle his finances including bank account, property etc etc.
    This power of attorney was drawn up when he was in a sound mind by his financial advisor.

    Now that I need to exercise the power of attorney I am told by the bank that I cannot get access to his bank account because he should have signed a bank power of attorney. I have even gone to another branch and am told the same thing.

    I am now told that the only thing I can do is get curatorship, but then am told than because I am family I can't be the one to be curator bonis - it must be an attorney !! Then the attorney says he will have total control over my fathers finances etc etc and I must apply to him when I need to pay the frail care facility of an odd R20 000 per month plus medical costs !! He has the money to pay for this because he took care of his financial affairs, but now that it is time to use it I can't - I have a feeling that I am being taken for a bit of a ride here ...

  2. #2
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    The banks have adopted this stance, probably due to skull duggerry.
    The BAr society normally appoints a curator to investigate. They in turn can hand in a report saying that you can be curator.
    Its a bit of a two step process.
    The first is a curator who represents your father - this would be the appointed advocate.
    Thereafter a curator is appointed to manage his affairs.
    Anthony Sterne
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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