curator bonis


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curator bonis

in Scots law, an administrator appointed by the court to look after the affairs of a person mentally or physically incapable of representing himself or herself
Collins Dictionary of Law © W.J. Stewart, 2006
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Legal decisions affecting the person and property rights (curator bonis or personae) aim at the lessened ability of the more severely disturbed mentally ill to competently manage their own affairs and to prevent potential abuse.
Consideration must be given to the appointment of a curator bonis when the estate (or property) is of significant value.
A curator bonis looks after the propriety interests of the patient and in practice is appointed more frequently than the curator personae.
* to appoint a curator bonis or curator personae, or both.
The De Lunatico Inquerido, Rule 57 of the High Court, lays down the procedure to be followed when the court is requested to appoint a curator bonis. This provides that any person may apply (the applicant) to the Provincial Division of the High Court (by Notice of Motion) for an order declaring another person (the patient) 'to be of unsound mind and as such incapable of managing his affairs'.
As you live on the Borders an application can also be made by a curator bonis in Scotland in these circumstances.