Sept 2007

THE GUARDIAN FUND

PROTECTOR AGAINST ECONOMIC HARM

What is the Guardian Fund?

The Guardian Fund was started to manage funds on behalf of those who cannot do it themselves. For example a mentally ill person who inherited a large sum of money, or the money of young children, unborn heirs, or missing persons.

Who manages the Guardian Fund?

The Master of the High Court in the different provinces is in charge of the Guardian Fund. This means that claims in KwaZulu-Natal, for example, will be handled by the KwaZulu-Natal Provincial Division of the High Court and claims from Gauteng will be handled by the Witwatersrand Division of the High Court.

When does money go to the Guardian Fund?

If the parents or guardians of children or people who cannot look after their own money die without leaving a will, the money they leave behind will be paid into the Guardian Fund. The money is invested with the Public Investment Commission where it grows by earning interest for the beneficiaries. The Guardian Fund does not charge fees like private fund holders.

Can guardians or relatives of minor children claim the money?

If the parents of minor children (younger than 21) have died, the people who are responsible for the children, like relatives or a guardian, can apply for maintenance money from the fund. People who claim must be able to prove that they are responsible for raising the children. They must also give full details of the child’s expenses.

What expenses can the money be used for?

If the parents of minor children (younger than 21) have died, the people who are responsible for the children, like relatives or a guardian, can apply for maintenance money from the fund. People who claim must be able to prove that they are responsible for raising the children. They must also give full details of the child’s expenses. 

What happens when the child becomes a major?

When the child becomes a major at the age of 21 and there is some money left in the fund, the child can apply to have the money paid directly to him or her.

- Muzi Mkhwanazi

Our government is the protector of all the country‘s people. One of the main ways of protecting them against harm is through the police and army. But government must also protect people against economic harm. This means those who are unable to manage their own money, like children or mentally ill people, must be safeguarded against misuse of their money. One of the ways to do this is through the Guardian Fund.

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