Guardianship
VENUE OF PETITION: Grounds for Opposition: Duties of Guardians
MTC/MTCC/RTC where 1. Competency of the 1. custody of ward
incompetent resides or incompetent. 2. payment of debts of
where property is located 2. Unsuitability of the the ward
if non-resident depending person for whom letters 3. bring and defend suits
on value of property. are prayed. 4. sell or encumber estate
Filing of Notice to persons Hearing & Issuance
Declaration of
mentioned in petition
Petition for including minor if 14 Reception of Propriety of Letters of
Guardianship yrs & above Evidence Petition Guardianship
WHO MAY FILE:
Any relative, friend or Condition of the Bond:
other person on behalf of 1. Inventory w/in 3 months Bond of
the incompetent. 2. Management & Disposal
of the estate Guardian
CONTENT OF PETITION 3. Accounting
(Sec. 2, Rule 93) 4. Perform orders of the
court
Grounds for Termination:
1. Competency of the ward
2. Guardianship no longer
necessary.
3. Removal of guardian due
to insanity, unsuitability,
mismanagement or failure
TERMINATION OF GUARDIANSHIP to comply with conditions.
Hearing & Termination
Filing of Verified
Notice to the guardian of
Petition to Terminate Order of
Guardianship & the ward Guardianship
Termination
SELLING & ENCUMBERING PROPERTY OF WARD
Filing of Verified Notice to next of
Hearing & Order
Petition for kin & all persons
to Sell &
Selling & interested in the
Encumber
Encumbering estate
Grounds for Selling:
1.Income is insufficient to maintain
ward & family
2.For the benefit of the ward