How to Appoint a Legal Guardian for an Adult With Mental Illness in the Philippines

I. Introduction

When an adult in the Philippines suffers from severe mental illness that renders him or her incapable of managing personal affairs or property, the law provides for the judicial appointment of a legal guardian. This process protects the person’s dignity, health, and estate while ensuring decisions are made in his or her best interest.

The procedure is governed primarily by Rules 92 to 97 of the Rules of Court, as applied by Family Courts under Republic Act No. 8369 (Family Courts Act of 1997). Republic Act No. 11036 (Mental Health Act of 2018) and its Implementing Rules and Regulations further emphasize that guardianship must be the least restrictive alternative and that the person’s rights, will, and preferences must be respected to the maximum extent possible.

II. Who May Be Placed Under Guardianship

An adult (18 years old and above) may be declared incompetent and placed under guardianship if, because of mental illness, he or she is incapable of caring for himself/herself or managing his/her property.

The Rules of Court (Rule 92, Section 2) expressly include the following as grounds for incompetence:

• Insanity or unsoundness of mind (even with lucid intervals)
• Any condition that prevents the person from intelligently taking care of himself/herself and his/her property

Severe schizophrenia, bipolar disorder with psychotic features, severe major depressive disorder with psychosis, dementia, intellectual disability with psychiatric comorbidity, and other disorders listed in the ICD-11 or DSM-5 that destroy decision-making capacity qualify, provided the impairment is proven in court.

Mild or moderate mental illness that does not destroy capacity does not justify guardianship. The person retains full legal capacity unless judicially declared otherwise (Section 4, RA 11036).

III. Types of Guardianship Available

1. Plenary Guardianship – Guardian exercises all powers over person and property (most common in severe cases).
2. Limited Guardianship – Court restricts the guardian’s powers to specific areas (e.g., financial decisions only or medical consent only). This is preferred under the Mental Health Act’s “least restrictive alternative” principle.
3. Guardianship of the Person only – For health, residence, daily care.
4. Guardianship of the Estate only – For property and financial matters.
5. Temporary Guardianship (Special Guardian) – May be appointed pendente lite when immediate danger exists.

IV. Who Has Preference to Be Appointed Guardian

The court follows this order of preference (Rule 96, Section 6; jurisprudence):

1. Surviving spouse (unless judicially separated or unsuitable)
2. Parents (if the person is illegitimate or in special cases)
3. Adult children (eldest qualified preferred)
4. Grandchildren or siblings
5. Next of kin within the fourth civil degree
6. Any suitable person who has shown care and concern (de facto guardian, close friend, partner)
7. Secretary of the Department of Social Welfare and Development (DSWD) or a reputable institution (as last resort)

The court is not bound by the order if the preferred person is unsuitable, disqualified, or unwilling.

V. Who May File the Petition

Any of the following may file:

1. Any relative or friend who has an interest in the person or estate
2. The person himself/herself (if he/she has capacity to file despite illness)
3. The Secretary of Health or Secretary of DSWD (in proper cases)
4. The hospital administrator or treating psychiatrist (with court leave)
5. Any person who can show legitimate interest

VI. Jurisdiction and Venue

Exclusive original jurisdiction: Family Court of the province or city where the alleged incompetent resides.

If no Family Court exists, the Regional Trial Court acting as Family Court has jurisdiction.

If the alleged incompetent is outside the Philippines but has property here, the Family Court where the property or any part is situated has jurisdiction over the estate.

VII. Step-by-Step Procedure

1. Preparation of the Verified Petition
   The petition must contain:

   • Full name, age, residence of the alleged incompetent
   • Nature and extent of the mental illness (with medical summary)
   • Names and residences of relatives within the fourth civil degree
   • Approximate value and description of property
   • Name of the proposed guardian and his/her qualification
   • Prayer for plenary or limited guardianship

   Supporting documents to attach:

   • Psychiatric evaluation / clinical abstract
   • Neuropsychological testing results (if any)
   • Medical certificates from at least two psychiatrists (one preferably a forensic psychiatrist)
   • Birth certificate / proof of relationship
   • List of property (titles, bank certificates, etc.)

2. Filing and Payment of Docket Fees
   File in the proper Family Court. Fees are based on the value of the estate (if any) plus fixed fees.

3. Raffle and Initial Court Action
   Court examines the petition. If sufficient in form and substance, it issues an order:

   • Setting the case for hearing (not earlier than 30 days nor later than 60 days)
   • Directing publication (once a week for three consecutive weeks in a newspaper of general circulation)
   • Directing service of notice to relatives and the alleged incompetent personally or by substituted service

4. Appointment of Guardian ad Litem
   The court almost always appoints a guardian ad litem (usually the Provincial or City Prosecutor or a PAO lawyer) to protect the interests of the alleged incompetent during the proceedings.

5. Hearing
   The petitioner presents evidence. The alleged incompetent has the right to:

   • Attend the hearing
   • Be represented by counsel (PAO if indigent)
   • Cross-examine witnesses
   • Present counter-evidence

   The court may order independent psychiatric examination by court-accredited psychiatrists.

6. Decision
   If the court finds by preponderance of evidence that the person is incompetent, it issues an Order:

   • Declaring the person incompetent
   • Appointing the guardian (plenary or limited)
   • Defining the specific powers and limitations
   • Requiring oath and bond (if estate involved)

7. Oath and Bond
   The guardian takes an oath and posts a bond (usually twice the value of personal property plus one year’s rental of real property).

8. Letters of Guardianship
   The Clerk of Court issues Letters of Guardianship, the official document proving authority.

9. Inventory and Annual Accounting
   Within three (3) months, the guardian must file an inventory of the estate. Thereafter, annual accounts must be submitted and approved by the court.

VIII. Powers and Duties of the Guardian

Guardian of the Person:

• Fix the residence of the ward
• Consent to medical, psychiatric, and surgical treatment
• File petitions for hospitalization or discharge
• Protect the ward’s rights under the Mental Health Act

Guardian of the Estate:

• Manage property prudently
• Pay debts, collect credits
• Invest funds with court approval
• File tax returns

Prohibited acts without prior court approval:

• Sell, mortgage, or encumber real property
• Enter into contracts that bind the ward beyond ordinary administration
• Make donations or extraordinary expenses

IX. Termination or Restoration of Capacity

Guardianship ends upon:

1. Death of the ward or guardian
2. Restoration of capacity
3. Removal of the guardian for cause
4. Resignation of guardian (with court approval)

Restoration Procedure:

• Any interested person (including the ward) may file a petition for restoration
• Attach new psychiatric evaluation showing recovery
• Same hearing process
• If granted, the court issues an Order restoring full capacity and discharging the guardian

X. Special Considerations Under RA 11036 (Mental Health Act)

• Guardians must respect the service user’s “will and preferences” whenever possible
• Psychiatric treatment requires informed consent of the ward if he/she has capacity to give it, otherwise the guardian consents
• Involuntary admission requires judicial order (separate from guardianship)
• Guardians may be held liable for violating the rights of persons with mental health conditions
• Supported decision-making agreements are encouraged as alternatives to guardianship when the person retains partial capacity

XI. Costs and Practical Notes

• Average cost: ₱150,000–₱400,000 (attorney’s fees, publication, medical evaluations, bond premium)
• Duration: 8–18 months (faster if unopposed)
• Public Attorney’s Office provides free legal assistance to indigent petitioners or wards
• Bonds may be reduced or waived by the court in proper cases

XII. Conclusion

Appointment of a legal guardian for an adult with mental illness is a serious judicial act that permanently removes or limits fundamental rights. It must be resorted to only when no less restrictive alternative exists and must always be exercised with utmost respect for the person’s dignity, will, and preferences as mandated by the Mental Health Act and international human rights standards.

Family members contemplating guardianship are strongly advised to consult both a lawyer experienced in special proceedings and the treating psychiatrist to determine whether supported decision-making, advance psychiatric directives, or limited guardianship would suffice instead of plenary substitution.