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Financial affairs of centenarian

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1 Financial affairs of centenarian on Thu May 26, 2011 5:21 am

Xa Ro


Arresto Menor
Under Philippine law, how is an adult legally represented in handling her financial affairs? Is it through a POA (general or specific?)? Is it through Conservatorship? If the latter, is it obtained through the court in the locality?

My grandmother, a centenarian, lives in the Philippines and is bedridden and sometimes senile, but more often lucid. However she now lacks hand coordination, hence unable to sign her name. She has an interest in the estate of her deceased child in the U.S. The decedent's estate is in probate and the U.S. Court needs some documents signed by my grandma's Conservator.

I've always thought that the legal concept of conservatorship in the Philippines only applies to corporate and business entities, and I looked up the topic of conservatorship for individuals in the Civil Code but found no reference to it.

I would greatly appreciate your input.

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2 Re: Financial affairs of centenarian on Thu May 26, 2011 6:32 pm

attyLLL


moderator
conservatorship is in procedural law and can be found in the rules of court.

the more practical remedy is to file a petition in court that someone be declared the guardian of your grandmother.

will the US court accept only a power of attorney, if so, it is allowed to ask a notary to be present at your grandmother's home and he will attest that she was lucid. as for the signature, someone else can put a mark for her, or use her finger print.


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3 Financial affairs of centenarian on Fri May 27, 2011 4:11 pm

Xa Ro


Arresto Menor
attyLLL, thank you so much for your quick response. We will look into obtaining a power of attorney and are hopeful that the U.S. court will accept it.

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