Protect your loved one’s finances under the Mental Health Care Act

A Section 60 application is a process under the Mental Health Care Act 17 of 2002 through which the Master of the High Court may appoint an Administrator to manage the property and financial affairs of a qualifying person. If appointed, the Administrator can deal with matters such as income, expenses, bank accounts, investments, property and other financial affairs on behalf of that person, subject to the authority and directions of the Master.

Astrea's standard service fee is R3,500 per application, regardless of where in South Africa the application is located. The fee is confirmed before payment and covers Astrea's standard application preparation, document-generation, administrative support and collection and lodgement coordination. If an exceptional third-party cost falls outside the standard service, it will be disclosed before it is incurred.

The process is intended for a person who falls within the categories recognised by the Mental Health Care Act and who is unable to manage their own property or financial affairs. This may include a person with a mental illness or a person with a severe or profound intellectual disability. The medical condition, its severity and its effect on the person's ability to manage financial affairs are all relevant.

No. A diagnosis on its own does not automatically result in the appointment of an Administrator. The condition must fall within the statutory requirements and materially affect the person's ability to manage property or financial affairs. The Master considers the application, medical information and any investigation that may be required before making a decision.

An application is generally brought by a person with a genuine interest in the wellbeing and financial affairs of the person concerned, which may include a spouse, family member, caregiver or another person closely involved in their circumstances. The person who brings the application does not necessarily have to be the person proposed for appointment as Administrator.

The proposed Administrator is the person who will manage the person's financial and property affairs if appointed. A suitable family member may be proposed, but the final decision rests with the Master. The Master may consider the proposed Administrator's relationship to the person, suitability, ability to manage the affairs concerned and any potential conflicts of interest.

You will ordinarily need identification documents for the applicant, the person concerned and the proposed Administrator, together with a medical report supporting the application. Astrea will also ask for information about family members, income, expenses, assets and other relevant financial affairs. Supporting records such as bank statements, pension statements, investment information, property records and vehicle documents can also assist where they are available.

You complete the application online and provide the information and documents required to prepare the matter. Once the application has been reviewed and payment confirmed, Astrea generates the prescribed application documents and supporting application pack. You then print, review, sign and commission the documents where required. When the original pack is complete, Astrea coordinates collection and onward lodgement with the appropriate Office of the Master of the High Court.

There is no fixed timeframe for the entire process. The preparation stage depends largely on how quickly the required information, medical documentation and supporting documents are provided. After lodgement, the matter falls within the Master's administrative process and Astrea cannot control the Master's processing time. If an investigator is appointed or further information is requested, the overall process may take longer.

Astrea arranges collection of the completed original application pack. For Gauteng matters, the pack is routed through Astrea's central processing point before handover to an appointed legal courier for lodgement. For matters outside Gauteng, Astrea coordinates collection and onward delivery to an appointed legal courier or collection point in the relevant jurisdiction. The exact route may differ by province, but the Astrea service fee remains R3,500 per application.

Once the original application has been lodged, the Master's Office considers the matter and may appoint an investigator to investigate the circumstances of the person concerned and the proposed appointment. The investigator may contact relevant people or request further information before submitting a report to the Master. The final decision on whether an Administrator is appointed rests with the Master.

No. Astrea assists with preparing, organising and facilitating the application, but it does not decide the application. The authority to appoint an Administrator rests with the Master of the High Court. Astrea cannot guarantee the outcome, the appointment of a particular person or the time the Master's process will take.

Yes. Astrea saves draft applications so that you do not have to complete the entire process in one sitting. You can return to your account, continue supplying the required information and documents, and submit the application when you are ready.