Legislation to support people living with dementia is still missing in SA

Johann Jacobs, Consultant in the Trusts & Estates practice was featured in Smart About Money where he discussed Legislation to support people living with dementia is still missing in SA.

3 Oct 2024 1 min read Article

Johann Jacobs, Consultant in the Trusts & Estates practice was featured in Smart About Money where he discussed Legislation to support people living with dementia is still missing in SA.

Johann highlights the South African Law Commission’s finding that the country is in "dire need" of legislative reforms to support the elderly and those who lose the capacity to act for themselves.

He explains that South Africa lags behind other jurisdictions, with existing methods of managing the estates of individuals who have lost mental capacity being either inadequate or prohibitively expensive. Currently, a person can only grant general or specific power of attorney, which remains valid only as long as they have the mental capacity to do so.

Johann adds that many families "make do" with informal arrangements, but this leaves both the elderly and their families vulnerable to legal challenges.

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