Rule 97 Termination of Guardianship

Rule 97 Termination of GuardianshipWhat is the procedure in determining competency of the alleged incompetent? Sec 1, Rule 97When is a guardian removed or allowed to resign? (Sec 2, Rule 97)When a guardian becomes insane;Incapacity of guardian to discharge his trust;Unsuitability of the guardian to act as such;

Wasted or mismanaged the estate of the ward;Failure of the guardian to make return within 30 days after it is due;Accounting is not rendered within 30 days after it is due;Resignation of the guardian.What are the other grounds for termination?The marriage or emancipation of a minor ward;R.A. No. 6809, approved on December 13, 1989; lowered the age of majority from 21 to 18 years.

What is the effect of the marriage or emancipation of a minor?The minor shall be able to administer his property as though he were of age, but he cannot borrow or encumber real property without the consent of his father, mother, or guardian.He can sue and be sued in court only with the assistance of his father, mother or guardian.

When is the guardian be discharged by the court?Upon the application of the ward or otherwise, the guardian of any person may be discharged by the court when it appears that the guardianship is no longer necessary. (Sec 4, Rule 97)Who will keep the record of the case?Record to be kept by the justice of the peace or municipal judge. When a justice of the peace or municipal court takes cognizance of the proceedings in pursuance of the provisions of this rules, the record of the proceeding shall be kept as in the court of first instance. (Sec 4, Rule 97)Upon whom service of judgment be served?Final orders or judgments under this Rule shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated. (Sec 5, Rule 97)