I (like many other parents of adult disabled children) am facing a very difficult situation, I feel frustrated and overwhelmed in the light of having to change over to a basic bank account for each of my disabled children, or switching to new SASSA disability grant cards before the 20th of March 2025 (both options difficult as my children are profoundly disabled and can therefore not go and open a bank account or que somewhere to sign up for a new SASSA card).
The challenges parents experience in opening bank accounts for their disabled children (the preferred safe option as opposed to finding a safe ATM every month to withdraw grants), highlight a significant gap in the banking system, as my children cannot go into a bank to open their own bank accounts.
Here's a breakdown of the challenges.
Why the Bank Account Obstacle Exists:
Should banks not make an exception in situations like this, maybe to get past financial conventional regulations? I
know banks are heavily regulated to prevent fraud and money laundering, and
that these regulations require in-person verification of the account holder's
identity as a standard practice globally. Why can’t a bank do a home visit to
verify that the disabled person exists and verify their bona fides and open a
bank account for them?
I do not have the financial means to pay for legal services to possibly obtain capacity and power of attorney or a court order:
Banks need to establish that the person opening the
account has the legal capacity to do so. In cases where an individual is
profoundly disabled, this becomes complex and banks might require a legally
recognized power of attorney or court order to authorize a parent or caregiver to
act on behalf of the bedridden disabled person.
Protection of Vulnerable Individuals:
I appreciate that there are regulations designed and in place to protect vulnerable individuals from exploitation. But the system fails my children (and me), because of a lack of accessibility. The current system does not adequately address the needs of individuals with severe disabilities who cannot physically open their own bank accounts.
Insufficient Alternatives:
SASSA representatives suggesting bank accounts is
helpful, but the system doesn't provide viable alternatives when physical
presence is impossible.
Burden on Caregivers:
Caregivers like me and many other parents, especially
parents from disadvantaged communities, already face immense burdens. The added
stress of navigating complex bureaucratic processes is unacceptable.
Lack of Understanding of Profound Disabilities:
Many people do not understand the complexities of
caring for profoundly disabled bedridden individuals.
Possible Solutions (that will cost money):
Exploring legal options in obtaining the services of
an attorney who specialise in disability law.
Key Point:
We as elderly parents of severely disabled adult
children facing similar challenges in caring for our children need help to continue
advocating for our rights to obtain systemic changes that address our needs in
easing the burden of caring for our children with severe disabilities.
Thank you
Pieter Labuschagne labusch@loquat.co.za
PERSONS WITH DISABILITIES AND HUMAN RIGHTS.
South African Human Rights Commission
The South African Constitution
South Africa is party to international laws and agreements such as the United
Nations Convention on the Rights of Persons with
Disabilities (CRPD) of 2006,
which South Africa ratified in 2007 which means that
the country accepts all the
legal obligations that are imposed by this instrument.
The CRPD seeks to promote,
protect and ensure the full and equal enjoyment of all
human rights by persons
with disabilities.
The CRPD defines persons with disabilities to include those who have long term
physical, mental, intellectual or sensory impairments,
which in interaction with
various barriers may hinder their full and effective
participation in society on an
equal basis. This is a clear recognition that persons
with disabilities are equal and
valuable members of society and should be recognised
in all aspects of life.
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