PROCEDURE FOR GUARDIANSHIP FOR

INCOMPETENT PERSONS WHO ARE NOT MINORS WHO MAY PETITION FOR APPOINTMENT OF
GUARDIAN FOR RESIDENT:
 Any relative;
 Friend; or
 Other person on behalf of the resident
PETITION FOR THE incompetent who has no parents or lawful
APPOINTMENT OF A guardian; or
GUARDIAN  The Director of Health in favor of an insane
person who should be hospitalized or in favor of
an isolated leper.

WHO MAY PETITION FOR APPOINTMENT OF

TO WHOM NOTICE SERVED: GUARDIAN FOR NON-RESIDENT:
1. Persons mentioned in the petition residing in  Any relative,
the Philippines;  friend or
COURT ORDER 2. The incompetent.  anyone interested in the estate of a person liable
FIXING THE
to be put under guardianship
HEARING OF THE There is no requirement for publication, only
PETITION notice except in case of a nonresident JURISDICTION:
incompetent.  Resident – RTC of his residence
 Non-Resident – RTC of the place where his
However, service of notice upon the persons property is located
mentioned in the petition, including the
incompetent who is not a minor, is mandatory and INCOMPETENT includes:
jurisdictional.
 Those suffering from penalty of civil interdiction;
NOTICE  Hospitalized lepers;
If the person is insane, service of notice upon the
OF THE HEARING Director of the Hospital where he is hospitalized is  Prodigals;
sufficient.  Deaf and dumb who are unable to read and write;
 Those of unsound mind though they may have
lucid intervals;
 Persons not of unsound mind but by reason of
age, disease, weak mind and other similar
At the hearing: causes, cannot, without outside aid, take care of
 The alleged incompetent must be present if able to attend; themselves and manage their property.
HEARING AND  It must be shown that the required notice has been given.
APPOINTMENT CONTENTS OF PETITION:
OF THE GUARDIAN OPPOSITION TO PETITION  The jurisdictional facts;
 The incompetency rendering the appointment
FORM: necessary or convenient;
 Must be in writing;  The names, ages, and residences of the relatives
 need not be verified of the incompetent, and of the persons having him
in their care;
GROUNDS:  The probable value and character of his estate;
 Competency of alleged incompetent; and
SERVICE OF  Unsuitability of the person for whom letters are prayed.  The name of the person for whom letters of
JUDGMENT guardianship are prayed.
ON THE LOCAL
CIVIL
REGISTRAR
CONDITIONS:
1. To make and return to the court, within 3 months, a true and complete inventory of all the estate of his ward which shall come to
his possession or knowledge or to the possession or knowledge of any other person for him;
2. To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests
of the ward, and to provide for the proper care, custody, and education of the ward;
3. To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom,
FILING OF BOND and of the management and disposition of the same, at the time designated by these rules and such other times as the court
BY THE GUARDIAN directs; and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and
moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto;
4. To perform all orders of the court by him to be performed.

GROUNDS FOR TERMINATION:

 Competency of the ward has been judicially determined;
 Guardianship is no longer necessary;
ISSUANCE  Death of guardian;
 Death of ward.
OF “LETTERS OF
GUARDIANSHIP” GROUNDS FOR REMOVAL OF A GUARDIAN:
 Insanity;
 Incapability or unsuitability to discharge functions;
 Wastage or mismanagement of the property of the ward; and
 Failure to render an account or make a return within 30 days after it was due.

PETITION THAT COMPETENCY OF WARD BE ADJUDGED

Who may file:

TERMINATION 1. Person who has been declared incompetent;
OF GUARDIANSHIP 2. His guardian;
3. Relative; or
4. Friend.

Form:
Petition shall be verified by oath and shall state that such person is then competent.

Who may oppose:

1. Guardian;
2. Relative of the ward; or
3. Any other person, in the discretion of the court.