Workshop 8 – The Structure and Functioning of the Judicial System: Curatorship, Trusts and Case Management Post-Trial
This is a workshop in the series of 10 practical workshops designed and presented by SAMLA and is accredited by UCT.
This workshop interrogates the structure and functioning of the judicial system and considers curatorship, trusts and case management post-trial.
The course content is delivered in 30 lectures.
The topics include:
- an introduction to the court structure;
- the functioning of the judicial system in South Africa with specific reference to the high court's authority to issue orders concerning curatorship, trusts and the appointment of case managers post-trial;
- determining the need for curatorship or trust based on the mental competence of "the patient" from a neurosurgeon's perspective;
- determining the need for curatorship or trust based on the neuropsychological condition of "the patient" is seen from a clinical psychologist's perspective;
- the role of counsel to ensure that the patient receives optimal forensic advice when entrusted with a brief to act as a Curatrix ad Litem;
- the role and duties of an attorney when acting as the Curator Bonis on behalf of the client after his or her appointment with specific reference to ensuring that the injured is adequately cared for after a case has been finalised;
- the approach by the High Court when deciding whether to order the appointment of a trustee as opposed to a Curator Bonis;
- the investment implications of the appointment of a Trust v Curator Bonis and how to secure the best outcome for claimant capital;
- the appointment of case managers post-trial, including how, when and why case managers are appointed;
- an overview and activities of the Case Management Association of South Africa ("CMASA").
Please note that one cannot register or pay for this workshop on this website. Azlyn Creative is the service provider that manages the administrative aspects of the SAMLA workshops. All registrations, payments, and access to the workshops is through http://samla.co.za
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