KEY POINTS
- Willoughby’s owner, Jens Tibshraeny, has been appointed a curator.
- Tibshraeny’s family disputes raise concerns about potential financial exploitation.
- Court finds Jens’s cognitive decline impairs his ability to make informed decisions.
The Western Cape High Court has appointed a curator to manage the affairs of Jens Tibshraeny, the owner of the popular Willoughby’s restaurant in Cape Town’s Waterfront, after concerns were raised about his declining mental capacity.
Willoughby’s Owner appointed curator amid family dispute
Tibshraeny’s son, Darren Tibshraeny, approached the court after noticing significant cognitive decline in his 79-year-old father.
Darren expressed concerns that Jens, who has substantial assets, including the well-known Willoughby’s restaurant, was no longer able to manage his personal or business affairs effectively.
Darren specifically alleged that his sister, Natalie, and her husband were financially exploiting Jens, who has limited communication while residing with his family in the United States.
According to IOL, Darren claimed that Natalie and her husband had taken control of the family home in Fresnaye and restricted his access to his parents.
Court finds evidence of significant cognitive decline
Jens recently replaced his long-time advisor with an attorney closely associated with his daughter, Natalie. The court revealed this detail in the documents.
The court expressed concern over this potential conflict of interest. It also noted that Jens’s medical appointments had been canceled without his knowledge.
Judge Gayaat Salie-Da Silva highlighted in her ruling that Jens’s cognitive abilities had deteriorated. She stated that Jens could no longer make informed decisions about his health or financial affairs.
The judge referred to multiple incidents where Jens’s behavior was uncharacteristic of his normal self. These incidents raised concerns about his safety and financial security.
“(Jens) is increasingly unable to manage his personal affairs, handle his financial responsibilities, or ensure his own safety effectively,” the judge said.
“This impairment has reached a point where his ability to make informed decisions is severely compromised.”
Family dispute raises concerns over exploitation
Jens’s sister and her husband moved into the family home in the midst of this legal battle. This raised further suspicions of exploitation.
Despite Jens’s claims that his daughter and sister acted in his best interests, the court found the evidence compelling. The court appointed a curator to oversee his affairs.
Darren’s concerns grew because Jens became entirely dependent on others to manage his restaurant. His nephew allegedly drew an inflated salary from the business.
The court concluded that a curator needed to ensure Jens’s financial and personal well-being was not at risk.
