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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSV. SPECIAL PROCEEDINGS AND SPECIAL WRITSB. Guardianship3. General Powers and Duties of Guardians

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Question

Guardianship: General Powers and Duties of Guardians

While acting as a guardian, a person assumes significant responsibilities and authority over the welfare and affairs of the ward. Under the Philippine law on guardianship, guardians have general powers and duties that they must fulfill. In the following scenarios, consider the powers and duties of guardians and choose the most suitable action to take:

  1. Mr. Santiago was appointed as the legal guardian of his niece, Maria, who is a minor. One of Maria's assets is a valuable painting that requires proper care and maintenance. However, Mr. Santiago lacks expertise in handling artwork. What action should Mr. Santiago take to ensure the protection and preservation of the painting?
    1. Delegate the responsibility to a professional art curator
    2. Transfer ownership of the painting to a reputable art institution
    3. Display the painting publicly to attract potential buyers
    4. Sell the painting and use the proceeds for Maria's education
  2. Ms. Cruz is the appointed guardian of her elderly aunt, Mrs. Garcia, who is suffering from dementia. Mrs. Garcia owns a property that requires regular maintenance and repairs. However, Ms. Cruz is facing financial constraints and cannot afford the necessary expenses. What should Ms. Cruz do to ensure the proper maintenance of the property?
    1. Seek financial assistance from other family members
    2. Request financial assistance from the court
    3. Allow the property to deteriorate due to lack of funds
    4. Sell the property and use the proceeds for Mrs. Garcia's medical expenses
  3. Mr. Hernandez is the guardian of his younger sibling, Antonio, who has a severe physical disability. Antonio requires specialized medical care and equipment to support his daily needs. However, Mr. Hernandez is uncertain whether the expenses for such care and equipment are allowed under his role as a guardian. What actions should Mr. Hernandez take regarding Antonio's medical care?
    1. Consult with a medical professional specializing in Antonio's condition
    2. Apply for financial assistance from public healthcare institutions
    3. Temporarily suspend Antonio's medical care until legal clarity is obtained
    4. Assume financial responsibility for all of Antonio's medical needs

Answer

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