Chapter 2

Duties and Obligations

2.1 What are the duties of a Curator bonis ?

The Curator must collect all monies due to the Ward in bank accounts, investments, pensions, awards etc. He must also claim any benefits or allowances to which the Ward may be entitled. After taking account of day to day cash requirements the Curator must then invest the remainder of the money as permitted by the Trustee Investments Act 1961. This Act is designed to limit the investment power of Curators to 'safe' investments and to protect the Ward's estate from unwise or speculative investment.

The Curator must provide money for the support and comfort of the Ward and if necessary of his or her dependants. See also Chapter 6.

2.2 What are the accounting requirements ?

The Curator must present for audit by the Accountant of Court, a detailed annual account of his transactions with the Ward's estate, showing all income, payments, investment transactions etc. He must also provide documentary evidence to support the entries in his accounts.  Initially, those caring for the Ward should carefully note all expenditure, so that a fixed maintenance allowance for essential items such as heating, clothing, transport, help in the home etc., can be agreed with the Curator. Apart from this agreed regular expenditure, it is important that receipts are obtained for all other purchases and expenses, as the Curator will have to submit these with his accounts. Where a fixed maintenance allowance and/or pocket money is provided it is not necessary to account in detail for the expenditure but the Curator may require a receipt and acknowledgment that the money has been received and used for the benefit of the ward.

2.3 Who is the Curator bonis responsible to ?

The Curator bonis is ultimately responsible to the Court for the proper management of funds and assets in his charge but he is supervised by the Accountant of Court and must account for his actions or for his management of the funds either to the Ward or the Ward's family and is not entitled to act on their instructions, although he may take their views into account. See also Chapter 3.5.

2.4 Does the Curator get paid ?

Yes he does. When the Curator presents his annual account for audit by the Accountant of Court, the Accountant decides how much the Curator should be paid out of the estate for his work in managing the Ward's funds. This is called "Commission". When the Curator is a relation of the Ward he or she may of course provide their services free of charge. A Curator who elects not to receive commission will of course be entitled to reclaim any actual expenses out of the Ward's estate.

2.5 Are there any other costs charged to the Ward's estate ?

The Accountant of Court is obliged to charge an annual audit fee and there may be other costs if for example special powers are required. In addition there are Court and legal costs for actually making the appointment, for discharging it and if a change of Curator is required for any reason.

2.6 Does the Curator have any responsibility for the Ward's person?

(i) No, he is responsible only for the Ward's financial affairs. However, the Curator will seek to administer these affairs in a humane way, consistent with obtaining the best quality of life for the Ward and with the duty to manage and conserve the Ward's funds so that they may be able to support the Ward for the rest of his or her life.  Since most Curators are lawyers or accountants, not doctors, their attention may need to be drawn to special medical need, for example:

(a) In cases of incontinence, a good washing machine and additional bedding and clothing.

(b) In cases of poor mobility and dependence, housing adaptations and special transport.

(c) In many cases, extra help in the house or 'evening sitters' where the Ward cannot be left unattended.

(d) In most cases, additional heating.

(ii) These examples are not conclusive and serve only as a guide to the type of expenditure which might be approved; situations vary and families should be aware that the Curator will require to obtain the approval of the Accountant of Court for all extraordinary expenditure.

(iii) Those with responsibility for looking after the Ward should discuss with the Curator all matters involving the costs of maintenance so that agreement on expenditure on behalf of the Ward can be obtained.  Apart from agreed regular expenditure, see Chapter 3.1, no decisions affecting the costs of the Ward's maintenance should be taken without the Curator's agreement or he may quite properly refuse to meet any extra costs involved.

(iv) For their part Curators are encouraged to provide reasonable information regarding the funds available to those responsible for the care of the Ward, ie., family or the Hospital or Nursing Home authorities, as the case may be, so that sensible decisions can be made regarding levels of expenditure and to ensure that the Ward derives the maximum benefit from these funds.