Help for kid with dying mom

[maumau]

Re a PoA There is no concept of persistence in South African law, said PoA being based on the laws of agency.

Any and all PoAs are terminated the moment that the principal lacks the ability to act on their own behalf.

Details

Interesting, so if D gets POA from his mom it falls away if/when she dies?

Talking hypothetically here guys, I'm not wishing death on anybodyl

 

[rrh]

Interesting, so if D gets POA from his mom it falls away if/when she dies?

Talking hypothetically here guys, I'm not wishing death on anybodyl

In all probability the PoA will fall away before that ...

In May, 2022 I had a fall-down incident that left me in a coma for about 12 weeks, during which time I "surfaced" on several occasions. Which frequently left a PoA - signed just before the first "dive" - in a kind of no-man's land.

Luckily the doctors weren't lawyers ...

 

[Claymore]

Thanks for all the helpful advice offered here, we've passed on what we can to the son. There are some issues - he can't get into her bank account, but can use the ATM, so he's doing that. The mom is cu8rrently in ICU on a ventilator. It doesn't sound good.

 

[Kosmik]

Re a PoA There is no concept of persistence in South African law, said PoA being based on the laws of agency.

Any and all PoAs are terminated the moment that the principal lacks the ability to act on their own behalf.

Details

Interesting. Looks like a genuine gap in the law but I also wonder if its ever been challenged in court. I would think a mag would rule in the "spirit of the law" and depending on the document and the intended will of the person at the time.

 

[PsyWulf]

Hoping someone can offer any additional advice here.

My son has a friend, D. D is 22, and studying at university. His dad died some year ago, and his mom's cancer has returned. She is currently in hospital, under sedation, and it sounds like she doesn't have very long left.

D is going to be left without much family, just his gran who must be mid-80s. He asked his friends group for advice on adulting - paying the bills, etc. etc., so my son approached us. D and his mom live in a townhouse unit which has a bond on it. They have another unit in another city; not sure if it has a bond or what happens with it, apparently it has been rented occasionally. D's mom has been unemployed for a few years, and they've been living off investments (possibly the dad's life insurance).

We chatted to D last night (tough conversation, but we're trying to be practical), and the stuff we could think of that he needs to get sorted are:

• Power of attorney, if his mom is conscious. This would make things much easier. I'm not sure how that's done though - is it just a form?
• Access to the mom's phone, email, computer, and bank accounts.
• On the call account, request the money be made available so it can be transferred out.
• Move money out of other bank accounts to D's account so that in the case of death, he has money when the accounts are frozen.
• Check on the mom's life insurance.
• Check if she has a will, and if so, where.
• Check the last three months of bank statements for regular payments, debit orders, etc. so that D can pay the accounts, move them to his own account, and that sort of thing. Especially utilities.
• Check on medical aid. If he's a dependant, he's better speak to the medical aid to be a full member.
• Try to get the car transferred to his name. He'll have to find the registration certificate.
• Find out from his mom what sort of funeral plans she wants.

We've offered to host him for dinners, let him visit to study if he has no power, come by if he wants somewhere else to stay, etc. My son and their friends will drive D around to the hospital, shops, etc. when needed. They'll be helping him with driving practice so D can get his licence soon. We did recommend he goes with a driving school for a couple of lessons and have them sort out the test for him.

Is there anything we've missed? We're trying to help him in practical ways.

Late addition: Tell him if anybody contacts him regarding Mom's debts if there is any,to not accept them and tell them that mom has passed away. Many will write off outstanding amounts
Basically he's not responsible for any debts except anything he'll be taking over (bond,car,rates etc)

 

[rrh]

Interesting. Looks like a genuine gap in the law but I also wonder if its ever been challenged in court. I would think a mag would rule in the "spirit of the law" and depending on the document and the intended will of the person at the time.

One must remember that this flows from the legislation regarding agency, which does tend to relate to the principal's intentions when they were fully compos.

Also that it is not impossible to obtain the equivalent of a persistent PoA to manage the affairs of an incapacitated
person: one makes an application to the High Court for the appointment of a curator:

Application to the High Court: An interested party, such as a family member or concerned individual, must initiate the curatorship application by applying to the High Court that has jurisdiction over the matter. An application must be made in terms of Rule 57 of the High Court Rules for the appointment of a curator.

 

[PsyWulf]

Late addition: Tell him if anybody contacts him regarding Mom's debts if there is any,to not accept them and tell them that mom has passed away. Many will write off outstanding amounts
Basically he's not responsible for any debts except anything he'll be taking over (bond,car,rates etc)

Sneaky addition:
This includes hospital
When one of my parents passed the hospital tried their darndest to get the rest of the family to sign for the debt. Eventually medical aid paid most,but they were like dogs chasing us to sign

 

[Kosmik]

Sneaky addition:
This includes hospital
When one of my parents passed the hospital tried their darndest to get the rest of the family to sign for the debt. Eventually medical aid paid most,but they were like dogs chasing us to sign

Yep because they know if something goes wrong , they are stuck with the bill. If she is on medical aid, she signs or emergency admittance.

 

[Claymore]

D's mother died yesterday without ever recovering consciousness. She'd been in ICU on a ventilator since late last week.

D searched a bit, and managed to find a will, life policies, funeral policy/details, and even his own birth certificate.

 

[Kosmik]

D's mother died yesterday without ever recovering consciousness. She'd been in ICU on a ventilator since late last week.

D searched a bit, and managed to find a will, life policies, funeral policy/details, and even his own birth certificate.

Condolences, its a hard time when a parent passes. Hopefully they have enough structure to take on the first few weeks.

 

[Pho3nix]

D's mother died yesterday without ever recovering consciousness. She'd been in ICU on a ventilator since late last week.

D searched a bit, and managed to find a will, life policies, funeral policy/details, and even his own birth certificate.

Kak situation. Strongs to D