Chapter 3

The Family and the Ward

3.1 How is money provided for the care of the Ward ?

(i) This depends on circumstances.  If the Ward is in hospital the Curator may agree an appropriate amount for pocket money etc., to be paid to the hospital authorities on a regular basis etc., monthly or quarterly.  If the Ward is in a Nursing Home or other Institution the Curator must meet any charges payable for accommodation and provide extra sums as appropriate for pocket money, extra comforts etc.

(ii) When the Ward lives at home in the care of relations the Curator will pay a regular allowance to meet the costs of maintenance to the parent or other relation responsible for the care of the Ward.  This allowance may include an element for the support of a dependent husband, wife or children where such support is necessary.  See also Chapter 6.

(iii) In a few cases Wards are capable of living on their own in the community or in sheltered accommodation.  In such cases the Curator will make appropriate arrangements to pay charges, meet household accounts etc., and provide an allowance for food and other necessities according to need.

3.2 What about extra expenses ?

Provided there are sufficient funds available and subject to the proper approval of the Accountant of Court, the Curator may also purchase or allow funds for the purchase of carpets, furniture, decoration, household appliances etc. He may also meet or contribute towards the cost of transport for the Ward, holidays, outings, etc. Before allowing any expenditure of this nature the Curator must be satisfied that it will be beneficial to the Ward or necessary for the comfort and well being of the Ward.

3.3 Can the Curator authorise gifts or donations on behalf of the Ward ?

In general no. It may be possible, however, with the Accountant's approval, to authorise a gift on behalf of the Ward to mark a special occasion eg., the marriage of a child or brother or sister of the Ward. In general the Ward's estate is available only for the benefit of the Ward and to meet his or her legal obligations.

3.4 What happens if the Ward's income is insufficient to meet the cost of maintenance ?

This usually happens when the Ward is in a private Nursing Home or similar Institution and the income from pensions, allowances, investments etc., after deduction of administrative expenses are insufficient to meet the accommodation charge.  As a general rule the Curator has no power to encroach upon the Ward's capital or savings and can only spend the income as necessary. Encroachment on capital requires the approval of the Accountant in all cases and in most cases the special authority of the Court is necessary.

3.5 What rights does the Ward or the family have ?

The family has no rights in relation to the management of the Ward's financial affairs while the Curatory remains in being. However, while the Ward and the family have no legal rights, any complaints regarding the actions of the Curator bonis may be addressed to the Accountant of Court who will investigate such complaints and take action if necessary. It should be noted, however, that the duties of the Curator and the powers of the Accountant only relate to matters of financial management. When the Curatory comes to an end the Curator may apply to the Court for a judicial discharge which frees him from all further obligation. At that time all those persons with an interest in the Ward's estate will be given notice of the application for discharge and may then object to the discharge and raise any questions regarding the Curator's actions and management of the estate.

3.6 Can the family receive information regarding the state of the Ward's funds ?

The Curator will normally be willing to accede to reasonable requests for information but he is under no obligations to do so. In case of difficulty the Accountant of Court may be able to assist. See also Chapter 2.6(iv).