When an adult becomes incapacitated, through serious illness, mental disability, a coma, advanced age, or similar causes, and can no longer take care of themselves or manage their property, a court may appoint a guardian. Guardianship may be over the person (care and custody), over the property (managing the assets), or both. A petition is filed in court, which determines incapacity and appoints a suitable guardian, often a close relative, who must post a bond, act in the ward's best interest, and render periodic accountings to the court.
A stroke, dementia, a serious accident, or advanced age can leave an adult unable to manage their own affairs — unable to consent to treatment, access their own bank accounts, or protect their property. Philippine law’s answer is guardianship of an incapacitated adult.
When Guardianship Is Needed
Guardianship over an adult becomes necessary when the person is incapacitated — that is, by reason of age, disease, weak mind, or another similar cause, they cannot, without outside aid, take care of themselves and manage their property, becoming an easy prey for deceit and exploitation. The trigger is the inability to manage one’s person or property, not merely being old or ill.
Two Kinds of Guardianship
- Guardianship of the person — authority over the ward’s care, custody, and well-being, including decisions about residence and, within limits, medical care; and
- Guardianship of the property (estate) — authority to manage, preserve, and apply the ward’s assets for their benefit, including collecting income, paying expenses, and, with court approval, dealing with the property.
A guardian may be appointed for the person, the property, or both, depending on what the ward needs.
The Court Process
Guardianship is a court proceeding. A petition is filed — typically by a spouse, relative, or other interested person — alleging the adult’s incapacity and asking for the appointment of a guardian. The court:
- Gives notice to the alleged incompetent and relatives, and holds a hearing;
- Determines whether the person is in fact incapacitated, often with medical evidence; and
- If so, appoints a suitable guardian, who must post a bond and take an oath.
Who May Be Appointed
The court chooses a guardian based on the ward’s best interest. Preference often goes to a spouse or close relative who is fit and willing, but the court looks at the proposed guardian’s competence, integrity, and lack of conflicting interest. Where family members disagree, the court decides who will serve the ward best.
The Guardian’s Duties and Accountability
A guardian is a fiduciary. They must:
- Act solely in the ward’s best interest, not their own;
- Manage the property prudently, and obtain court approval for significant acts such as selling or mortgaging the ward’s property; and
- Render periodic accountings and inventories to the court.
A guardian who mismanages or self-deals can be removed and held liable, and the bond answers for losses.
Practical Advice
- If a loved one can no longer manage their affairs, guardianship gives you lawful authority to care for them and protect their property — informal arrangements often fail when banks and offices demand a court order.
- Gather medical evidence of incapacity, which the court will require.
- Remember that major transactions need court approval, and you must account — guardianship is a trust, not a blank check.
Frequently Asked Questions
When can a guardian be appointed for an adult? When the adult is incapacitated by age, disease, weak mind, or a similar cause and cannot take care of themselves or manage their property without help. A court determines the incapacity, usually with medical evidence.
What are the two kinds of guardianship? Guardianship of the person, covering care and custody, and guardianship of the property, covering management of the ward's assets. A guardian may be appointed for one or both.
Who is usually appointed guardian? The court chooses based on the ward's best interest, often preferring a fit and willing spouse or close relative, considering the proposed guardian's competence, integrity, and absence of conflicting interest.
Can a guardian sell the ward's property? Only with court approval. A guardian must obtain the court's authority for significant acts like selling or mortgaging the ward's property, and must render periodic accountings. Mismanagement can lead to removal and liability.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If a family member can no longer manage their affairs, our firm can help you obtain guardianship and protect them. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.