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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

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