Quick answer

Guardianship is not only for minors; the law also provides for the guardianship of incompetents, adults who, because of a condition, cannot take care of themselves or manage their property and need someone appointed by the court to do so. The Rules of Court describe an incompetent to include persons suffering the penalty of civil interdiction, hospitalized lepers, prodigals (spendthrifts), deaf and dumb persons who are unable to read and write, those who are of unsound mind even though they have lucid intervals, and persons not being of unsound mind but who by reason of age, disease, weak mind, and other similar causes cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation. When a person falls within this definition, an interested party (such as a relative) may petition the court for the appointment of a guardian over the person, the property, or both, of the incompetent. The court, guided by the best interest and welfare of the ward, appoints a suitable guardian, generally preferring a spouse or a close relative, and may require a bond. The guardian's duties mirror those in guardianship of minors: to care for the ward's person and health, to manage the ward's property prudently and render periodic accountings, and to obtain court approval before selling or encumbering the ward's real property. The guardianship continues while the incompetency lasts and terminates when the ward regains competency (upon a proper court proceeding showing recovery), dies, or the guardian is discharged. So an adult who cannot manage their own affairs due to a qualifying condition may be placed under court-supervised guardianship, protecting both their person and their property from harm and exploitation.

Guardianship Is Not Only for Minors

The law provides guardianship over incompetents — adults who, due to a condition, cannot care for themselves or manage their property and need a court-appointed guardian.

Who Is an Incompetent

Includes those under civil interdiction, prodigals (spendthrifts), persons of unsound mind (even with lucid intervals), and those who by age, disease, or weak mind cannot manage their affairs without aid, becoming easy prey for exploitation.

Appointment and Duties

An interested party petitions the court, which appoints a suitable guardian (preferring a spouse or close relative) with a bond, guided by the ward's welfare. The guardian must care for the ward, manage property prudently, render accountings, and get court approval to sell real property. It ends on recovery, death, or discharge.

Practical Takeaways

Frequently Asked Questions

Can an adult be placed under guardianship? Yes. The law provides for guardianship of incompetents, adults who because of a condition cannot take care of themselves or manage their property and need a court-appointed guardian.

Who is considered an incompetent? Among others, persons under civil interdiction, prodigals, those of unsound mind even with lucid intervals, and persons who by reason of age, disease, or weak mind cannot without outside aid take care of themselves and manage their property.

Who is appointed guardian of an incompetent? A suitable person chosen by the court guided by the ward's welfare, generally preferring a spouse or close relative, and the court may require a bond.

What are the guardian's duties? To care for the ward's person and health, manage the property prudently and render periodic accountings, and obtain court approval before selling or encumbering the ward's real property.

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 you have questions about your rights or options under Philippine law, our firm is available to assist. 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.