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Legal Guardian Question

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1 Legal Guardian Question on Sat May 10, 2014 11:22 pm


Arresto Menor
Situation: - Biological parents of minors are annulled
- It is not stated in the annulment paper as to who has the custody of the minor nor was there any appointed legal guardian.
- Biological mother, remarried and leaving outside the Philippines.
- Mother executed a Special power of Attorney back in 2011 appointing her parents to be the minor children guardian, who will act in her behalf whenever necessary.
-Biological father is still alive and remarried but doesn't take any responsibility ( no support ) over the children nor even pay them a visit ( he wasn't denied his right to visit or to act as a father, he just doesn't seem to do anything)

Question: Was the special power of attorney enough to grant the biological mother's parent as the Legal Guardian of the children? Or it needs to be appointed by the court?
Is there any expiration for Special power of attorney?

Thank you!

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2 Re: Legal Guardian Question on Sun May 11, 2014 12:05 pm


Reclusion Perpetua
Yes! it is enough!

And No! There's no expiration for an SPA!

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