3. GUARDIANSHIP DEFINED
It is the power of protective authority given by
law and imposed on an individual who is free and
in enjoyment of his rights over one whose
weakness on account of his age or other
infirmity renders him unable to protect himself.
4. WHAT IS A GUARDIAN?
A guardian is a person in whom the law has
entrusted the custody and control of the
person or estate or both of an infant,
insane or other person incapable of
managing his own affairs.
6. KINDS OF GUARDIANS
According to constitution:
• Legal Guardian – no need for judicial
appointment
• Guardian ad litem – court appointed, to
prosecute/defend minor/incompetent in a legal
action
• Judicial Guardian – judicially appointed as
guardians of minors/incompetent persons
7. WHERE TO INSTITUTE?
Jurisdiction:
• Resident – RTC of minor/incompetent
person’s residence
• Non-Resident – RTC of the place where
property is located
8. MEANING OF INCOMPETENT
Incompetent persons include: (CLePDUN)
• Those suffering from penalty of civil interdiction
• Hospitalized lepers
• Prodigals
• Deaf and dumb who are unable to read and write
• Those of unsound mind (though with lucid intervals)
• Persons not of unsound mind but by reason of age,
disease, weak mind and other similar causes cannot without
outside aid take care of themselves and manage their
property
9. TRANSFER OF VENUE
May be granted to afford convenience to the ward
Court may impose settlement prior to allowing such transfer
