(f) Curators dative. Curators dative are appointed by the Court (in South Africa upon the application of the Master or of some person interested) to insane persons or prodigals,[1] either for the care of the person, or the administration of the property, or both.[2] (g) Curators bonis. In case of minor disqualifications such as deafness, dumbness, or the like,[3] curators bonis may be appointed whose functions will be limited by the requirements of the particular case.[4]
(h) Curators ad litem. Curators ad litem are appointed to a minor or insane person or prodigal, for the purpose of bringing or defending an action, when such minor has no other guardian or curator, or where the guardian or curator is a party to the litigation.[5]
The various kinds of guardian, then, are: (1) tutors testamentary; (2) tutors assumed; (3) tutors dative; (4) curators nominate; (5) curators assumed; (6) curators dative; (7) curators bonis; (8) curators ad litem; and they are appointed in the ways above described.
Section 2.—Who may be Guardians
Some persons are disqualified from being guardians.
Van der Linden says that some persons are prohibited from being guardians; others may excuse themselves.[6] To the first class he assigns: (1) persons who are themselves subject to tutela or cura,[7] with whom must be included all persons less than twenty-five years of age, although- ↑ Also to administer the property of persons who are absent from the Colony and not otherwise represented. Administration of Estates Act, 1913, sec. 80.
- ↑ Such persons were known as bejaerde wezen (Gr. 1. 11. 3–4; Van Leeuwen, 1. 16. 13; Voet, 27. 10. 3 and 6; V. d. K. Th. 164–5) or as Hofs- or Stads-Kinderen (V. d. L. 1. 5. 8).
- ↑ Gr. 1. 11. 2. An insane or prodigal wife is placed under the guardianship of her husband; an insane husband is not placed under the custody of his wife, but his property may be. Gr. 1. 11. 7; V. d. K. Th. 168.
- ↑ Voet, 27. 10. 13.
- ↑ Van der Linden, Judic. Prac. 1. 8. 3.
- ↑ V. d. L. 1. 5. 1.
- ↑ Gr. 1. 7. 6.
curator nominate was appointed: Provided that no person shall be entitled or qualified to act as assumed tutor or curator unless, during the lifetime of the tutor testamentary or curator nominate, letters of confirmation have been granted to the assumed tutor or curator as such by the Master.
