This guide is for general information only and is not a substitute for advice from a Philippine lawyer. Guardianship cases are fact-sensitive and courts may issue orders that vary from the outline below.

1) What “guardianship” means

In Philippine law, guardianship is a special court proceeding to appoint a person (the guardian) to make decisions and manage affairs for another adult (the ward) who is legally incapacitated—e.g., due to serious illness, cognitive impairment, mental disability, or similar causes—such that they cannot competently take care of themselves or their property.

There are three basic types:

Guardian of the person — makes personal and medical decisions.
Guardian of the property/estate — manages assets, income, liabilities, and transactions.
General (person & property) — covers both spheres, the most common for spouses.

Related concepts you’ll hear:

Special/temporary guardian — urgent, interim authority while the main case is pending.
Guardian ad litem — appointed for litigation only (e.g., to represent the ward in a specific lawsuit).
Letters of Guardianship — the court’s formal credential authorizing the guardian to act.
Bond — security the guardian posts to protect the ward’s estate against misuse.

2) Legal foundations & jurisdiction (big picture)

Rules of Court (Rules 92–97) govern guardianship of incompetent adults (venue, appointment, bonds, powers/duties, sales/encumbrances, termination).
Family Courts (Regional Trial Courts designated under the Family Courts Act) generally hear guardianship petitions. Where there is no designated Family Court, the RTC acts as such.
Venue: ordinarily in the province/city where the ward resides, or where they are found. If the estate is purely real property and the ward resides abroad, venue may be where the property is located.
Priority to serve: Courts usually prefer a spouse if suitable and not disqualified, then adult children, parents, or other close relatives. Suitability (fitness) always matters more than seniority.

Practical note: Guardianship is intrusive and court-supervised. If you only need a one-off transaction involving community/conjugal property, the court may grant a judicial authorization to the capable spouse (without full guardianship) when the other spouse’s consent cannot be obtained because of incapacity or absence. This is often faster for single, specific acts (e.g., selling a car, signing a bank release) but won’t cover ongoing personal/medical decisions or management of the incapacitated spouse’s separate property.

3) Who may file and when

Who can petition: the spouse, adult child, parent, next of kin, a concerned friend, or even an institution caring for the incapacitated person. The spouse is typically the petitioner in marital situations.

Grounds: clear, competent proof that the spouse lacks capacity to manage personal needs and/or property, such that court protection is necessary. Expect the judge to look for medical evidence (diagnosis, capacity evaluation, prognosis) and functional evidence (inability to understand, decide, communicate, or manage finances).

4) Step-by-step: filing guardianship over your spouse

Step 1 — Gather evidence and prepare documents

Medical certification from a licensed physician (ideally a specialist—neurologist, psychiatrist, geriatrician) detailing diagnosis, nature of incapacity, ability to understand decisions, permanence/temporariness, and recommended supports.
Government/clinical records (e.g., hospital abstracts, disability IDs, mental health records), if available.
Civil registry & identity documents (marriage certificate, ward’s birth certificate if helpful, valid IDs).
Proof of residence of the ward (barangay certificate, utility bill).
Asset & liability list (titles, tax declarations, bank accounts, investments, vehicles, business interests, pensions, debts) with approximate values.
List of nearest relatives (names, ages, addresses, relationship).
Draft management plan: how you will arrange care, handle finances, pay debts, safeguard property, and budget for the ward’s needs.
Bond proposal (estate guardianship): amount is set by the court; bring estimates of estate value.

Step 2 — Draft and verify the Petition for Guardianship

Your verified petition (signed and notarized or verified under court rules) should state:

The ward’s full name, age, residence, and specific facts showing incapacity.
Your relationship (spouse), fitness to serve, and absence of disqualification.
Whether you seek guardianship of the person, property, or both, and why.
A complete inventory of property (with documents attached when possible) and estimated values.
Names and addresses of the nearest relatives.
Proposed bond amount (if property is involved).
The relief sought (appointment as guardian; issuance of Letters of Guardianship; authority for urgent acts, if any).

Step 3 — File in the proper court and pay fees

File with the Family Court/RTC having venue as above.
Pay docket/legal research fees (amounts vary by location and estate size).

Step 4 — Court issues an order, notices, and (when required) publication

The court issues an Order setting the case for hearing and directing service of notice to the ward and nearest relatives.
Publication is generally required where estate/property interests are involved, to alert creditors and interested parties. The court’s order will specify the newspaper and frequency (usually once a week for a set period).

Step 5 — Hearing(s)

Evidence of incapacity: live testimony of the physician (or judicial affidavit), medical records, and your testimony on the ward’s functional limitations.
Relatives may oppose: the judge will test your fitness (no adverse interest, no prior misuse of funds, good character).
The court may interview the ward, appoint a guardian ad litem, or order independent medical evaluation if capacity is contested.

Step 6 — Appointment, bond, and Letters of Guardianship

If satisfied, the court issues an Order appointing you.
For estate guardianship, post the bond (surety or cash) in the amount the court fixes.
Take your Oath and secure the Letters of Guardianship—these documents are what banks, registries, and third parties will require before honoring your authority.

Step 7 — Initial inventory and ongoing reporting

Within the period the court sets (commonly 60–90 days), submit a sworn inventory of all property and income, with supporting documents.
Annual (or court-directed) accounts: report receipts, disbursements, investments, major decisions, and the ward’s condition.
Keep receipts and records. Expect the judge (or a court social worker) to review both your financial stewardship and the ward’s welfare.

5) Powers and limits of a guardian

As guardian of the person, you may:

Decide on living arrangements, day-to-day care, and medical decisions (consistent with medical advice and human-rights standards).
Employ caregivers; consent to treatments or procedures (subject to hospital protocols and, when invasive/extraordinary, sometimes to express court approval if contested).

As guardian of the property, you may:

Collect income, pay taxes and debts, manage bank accounts, and invest funds prudently (court may require pre-approval for investments).
Sell, mortgage, lease, or otherwise encumber property only with prior court approval, after notice and, when required, publication. The court focuses on necessity and clear advantage to the ward.
Litigate on the ward’s behalf (you sign and appear as guardian).

General duties include loyalty, prudence, and accountability. Mixing the ward’s funds with your own or self-dealing can lead to removal, surcharge, or even criminal liability.

6) Standard timelines and practical tips

Preparation: 1–4 weeks to assemble medical proof and inventories (varies with complexity).
Case pendency: depends heavily on the court’s calendar and whether anyone opposes. Uncontested cases can move in a few months; contested cases take longer.
Urgent needs: Ask the court for a special/temporary guardian or specific authority (e.g., to authorize surgery, access a bank account for hospital bills) while the main petition is pending.

Tips that help:

Submit a clear care & financial plan with budgets. Judges appreciate specificity.
Bring certified copies of titles, bank certifications, and vehicle files.
For real property, secure updated tax declarations and proof of real-property tax status.
Coordinate early with the bank branch or Registry of Deeds on their documentary checklists (they will still require the Letters of Guardianship and, for dispositions, a court order authorizing the act).

7) Costs you should anticipate

Filing fees (scale with claim/estate values and court fee schedules in your locality).
Publication (if ordered), paid to the newspaper.
Bond premiums (annual if a surety bond).
Medical evaluation costs.
Attorney’s fees (optional but recommended in contested or complex estates).
Incidental: copies, notarization, registry fees, certifications.

8) Alternatives and complements to guardianship

Judicial authorization for a specific act (when only a single transaction is needed and consent of an incapacitated spouse cannot be obtained).
Supported decision-making / family consent practices: useful in hospitals for routine decisions, but institutions may still require a court-appointed guardian for high-risk procedures or financial matters.
Trusts or pension payee arrangements: sometimes possible for benefit payments, but often still need guardianship if amounts are significant or disputes exist.

Why powers of attorney don’t work here: a Special Power of Attorney (SPA) must be executed by a capacitated principal. Once incapacity has set in, an SPA signed thereafter is invalid; earlier SPAs may be challenged if scope is unclear or institutions refuse to honor them. Hence the need for guardianship.

9) Disqualifications and removal

A proposed guardian may be disqualified or later removed for conflict of interest, neglect, abuse, incapacity, misuse of funds, failure to render accounts, or behavior contrary to the ward’s best interests. The court may appoint a replacement and call the bond.

10) Modifying or ending guardianship

Guardianship modifies or ends when:

The ward regains capacity (supported by medical proof), wholly or partially (the court can narrow powers).
The ward dies (you must render a final account and turn over remaining assets to the estate/heirs).
The estate is exhausted or there is no longer a need for guardianship.
The guardian resigns (with court approval) after a settled accounting.

Always file accounts and seek formal discharge to close your fiduciary risk.

11) Checklists (copy-ready)

A. Document checklist (filing)

✅ Verified Petition (with annexes)
✅ Medical certificate & clinical records
✅ Marriage certificate; IDs of parties
✅ Proof of ward’s residence
✅ List of nearest relatives (addresses)
✅ Detailed asset & liability inventory (titles, bank certs, OR/CR, stock certs)
✅ Proposed management & care plan; proposed bond amount
✅ Draft notices & publication details (if estate guardianship)

B. First 90 days (after appointment)

✅ Post bond and take oath
✅ Secure Letters of Guardianship (multiple certified copies)
✅ Serve copies on banks, employers/pension payors, tenants, registries
✅ File sworn inventory of estate
✅ Arrange medical/care plan implementation and budgeting
✅ Set up separate bank/accounting for ward’s funds
✅ Calendar annual accounting dates

C. Prior court approval needed (common)

☐ Sale/mortgage/lease beyond ordinary terms
☐ Compromise of claims; acceptance of judgment settlements
☐ Investment changes outside prudent/authorized instruments
☐ Major medical procedures if contested or extraordinary
☐ Any transaction the court’s appointment order expressly reserves

12) Frequently asked questions

Q: Can I, as the capable spouse, sell or mortgage our family home without guardianship? A: Disposition or encumbrance of community/conjugal property generally needs consent of both spouses. If your spouse cannot consent due to incapacity, you may petition the court for authority to proceed—sometimes without full guardianship—but you will still need guardianship to manage your spouse’s separate property or to make ongoing personal/medical decisions.

Q: Do I need publication if I’m only asking to be guardian of the person (no property)? A: Courts often waive publication for purely personal guardianship, relying instead on notice to relatives, but this is judge-dependent. Where property is involved, expect publication.

Q: How large is the bond? A: It’s discretionary and tied to the estate’s value and risk profile. The court may adjust it as circumstances change.

Q: Can the court limit my powers? A: Yes. The appointment order can carve out or require prior approval for specific acts. You can later move to expand powers if justified.

Q: What if a relative opposes my petition? A: The court resolves opposition by weighing fitness and the ward’s best interests. Even if someone else is appointed, you can still be authorized for specific caregiving roles.

13) How to write a strong petition (model structure)

Caption & title (Special Proceedings; Guardianship of [Name]).
Allegations of fact (identity, residence, marriage, detailed incapacity facts, timeline).
Medical basis (attach certificate; explain decision-making deficits).
Property schedule (tables by category: cash/banks, real property, vehicles, receivables, businesses, pensions; estimated values).
Relatives list (degree of kinship; contact addresses).
Proposed guardian’s fitness (no adverse interest, no prior misuse, capacity to manage).
Prayer (appointment; authority requested; special/temporary guardian if urgent; bond approval; letters issuance; notice/publication as may be required).
Verification & certification against forum shopping (signed by petitioner).
Annexes (medical, civil, property proofs; drafts of notices/publication).

14) Final reminders

Treat guardianship as protective, not punitive; always center the ward’s dignity and preferences where possible.
Keep transparent records from Day 1; it will save you in accountings and in dealings with banks and registries.
For transactions outside the obvious day-to-day spending on the ward, ask the court first.
If circumstances change (capacity improves; assets sold; new medical needs), update the court promptly.

If you want, I can turn this into a filled-in petition template and sworn inventory form (with sample schedules for real property, bank accounts, and monthly care budgets) tailored to your situation.