Curatory is a term used to describe the assistance provided by a curator to individuals who are unable to make significant decisions, such as entering into contracts or purchasing property, due to their young age. A curator acts as a helper, managing the affairs of these individuals who lack the capacity to do so themselves. This curatory support ensures that the person’s legal decisions are properly handled.
In Scots law, curatory refers to the management of the affairs of individuals who are unable to give consent to legal acts, particularly minors, to remedy their legal incapacity. When minors inherit property or money, they lack the legal capacity to manage it themselves, and a curator may be appointed to manage their affairs until they reach the age of majority. Similarly, when a person is deemed mentally incapable of managing their own affairs due to a disability or illness, a curator may be appointed to manage their affairs on their behalf. These examples demonstrate how curatory is utilised to safeguard the legal rights and interests of those who are incapable of managing their own affairs due to their age or mental capacity.
A: Curatory is a legal term that refers to the appointment of a person or entity to manage the affairs of someone who is unable to do so themselves.
A: A curator can be appointed by a court and can be a family member, friend, or a professional such as a lawyer or accountant.
A: The responsibilities of a curator include managing the finances, property, and personal affairs of the person under their care.
A: A curator is appointed by a court after a petition is filed and a hearing is held to determine if the appointment is necessary.
A: Yes, a person can object to the appointment of a curator if they believe that they are capable of managing their own affairs.
A: A curatorship can last for a specified period of time or until the person under the curatorship is able to manage their own affairs.
A: Yes, a curator can be removed if they are found to be acting against the best interests of the person under their care.
A: If a curator dies or becomes incapacitated, a new curator will need to be appointed by the court.
A: It depends on the extent of the curatorship. If the person is under full curatorship, they may not be able to make decisions for themselves. If they are under limited curatorship, they may be able to make some decisions.
A: The amount a curator gets paid varies depending on the jurisdiction and the complexity of the case. In some cases, the curator may not receive any compensation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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