Thursday, September 27, 2012

GUARDIANSHIP:


          Under Section 2, Rule 92 of the Rules of Court, persons who, though of sound mind but by reason of age, disease, weak mind or other similar causes are incapable of taking care of themselves and their property without outside aid, are considered as incompetents who may properly be placed under guardianship. x x x x  

           The RTC and the CA both found that Lulu was incapable of taking care of herself and her properties without outside aid due to her ailments and weak mind. Lulu is an incompetent and she requires the appointment of a judicial guardian over her person and property. x x x x  The Supreme Court found no compelling reason to reverse the trial and appellate courts finding as to the propriety of respondent's appointment as the judicial guardian of Lulu. Therefore, it affirmed her appointment as such. Consequently, respondent is tasked to care for and take full custody of Lulu, and manage her estate as well (HERNANDEZ vs. SANTOS, G.R. No. 166470, August 7, 2009, First Division, Corona, J.).

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