We are often approached to prepare a power of attorney for someone whose family member faces illness, mental or physical incapacity, or an inability to manage their own affairs.
A power of attorney is a legal document that enables an individual (the principal), with full contractual capacity, to appoint someone else (the agent) to act on their behalf.
A power of attorney is a valuable tool in various situations. For example, an elderly parent who struggles to handle their affairs due to age may grant power of attorney to an adult child to assist them. However, it is important to note that a power of attorney is typically a temporary solution.
“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” – do these words sound familiar? Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured
As the age old saying goes “Ignorance of the law is not an excuse”. The position under South African law is clear - both parents have a duty to maintain their children according to their respective means, until such a time that the children become self-supporting. The fact that a parent is not in contact
With a lack of knowledge of South African law, one could be left with the popular misconception that common law marriages exist and become applicable when living with your partner in a permanent relationship. In the past, if you merely lived as husband and wife, but did not actually get married, you were not protected
Getting married and planning a wedding is one of the most important days in a person’s life. The focus tends to be on the venue, flowers, the perfect dress and which song to dance to as husband and wife. All too often, people overlook the legal aspects of getting married and the potential ramifications. In
In South Africa there are three distinct types of marriages and three laws currently provide for the status of partners in these relationships. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil
The Western Cape High Court recently addressed this question in the appeal matter of Blomerus v Blomerus (A461/2010) in which the appellant appealed against a variation order of maintenance payable in respect of minor children. Approximately three (3) months after the parties were divorced, the respondent requested a substitution of the maintenance order in terms