C. Guardianship (Rules 92–97; See also AM 03-02-05-SC)

B. Guardianship

• Venue
• Appointment of Guardians; Kinds of Guardians
• General Powers and Duties of Guardians
• Termination of Guardianship
• Rule on Guardianship of Minors – A.M. No. 03-02-05-SC

> RULE ON GUARDIANSHIP OF MINORS

Section 1. Applicability of the Rule.

— This

Rule shall apply, to petitions for

guardianship over the person or property, or both, of a minor.

The father and the mother shall jointly exercise legal

guardianship over the person and property of their unemancipated common child without the necessity of a court appointment.  In such case, this

Rule, shall be suppletory to the provisions of the Family Code on

guardianship.

Sec. 2.  Who may petition for appointment of guardian.

— On grounds authorized by law, any relative or other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the Family Court for the appointment of a general guardian over the person or property, or both, of such minor. The petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health in the case of an insane minor who needs to be hospitalized.

Sec. 3. Where to file petition.

— A petition for

guardianship over the person or property, or both, of a minor may be filed in the Family Court of the province or city where the minor actually resides.  If he resides in a foreign country, the petition shall, be filed with the Family Court of the province or city where his property or any part thereof is situated.

Sec. 4. Grounds of petition.

— The grounds for the appointment of a guardian over the person or property, or both, of a minor are the following:

> (a)death, continued absence, or incapacity of his parents;(b)suspension, deprivation or termination of parental authority;(c)remarriage of his surviving parent, if the latter is found unsuitable to exercise parental authority; or(d)when the best interests of the minor so require.

Sec. 5. Qualifications of guardians.

— In appointing a guardian, the court shall consider the guardian's:

> (a)moral character;(b)physical, mental and psychological condition;(c)financial status;(d)relationship of trust with the minor;(e)availability to exercise the powers and duties of a guardian for the full period of the guardianship;(f)lack of conflict of interest with the minor; and(g)ability to manage the property of the minor.

Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor.

— In default of parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or both, of a minor, observing as far as practicable, the following order of preference:

> (a)the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations;(b)the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;(c)the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and(d)any other person, who in the sound discretion of the court, would serve the best interests of the minor.

Sec. 7. Contents of petition.

— A petition for the appointment of a general guardian must allege the following:

> (a)The jurisdiction facts;(b)The name, age and residence of the prospective ward;(c)The ground rendering the appointment necessary or convenient;(d)The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;(e)The remarriage of the minor's surviving parent;(f)The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having him in their care and custody;(g)The probable value, character and location of the property of the minor; and(h)The name, age and residence of the person for whom letters of guardianship are prayed.

The petition shall be verified and accompanied by a certification against forum shopping.  However, no defect in the petition or verification shall render void the issuance of letters of

guardianship.

Sec. 8. Time and notice of hearing.

— When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the persons mentioned in the petition, including the minor if he is fourteen years of age or over, and may direct other general or special notice to be given.

Sec. 9. Case study report.

— The court shall order a social worker to conduct a case study of the minor and all the prospective guardians and submit his report and recommendation to the court for its guidance before the scheduled hearing.  The social worker may intervene on behalf of the minor if he finds that the petition for

guardianship should be denied.

Sec. 10. Opposition to petition.

— Any interested person may contest the petition by filing a written opposition based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are prayed, and pray that the petition be denied, or that letters of

guardianship issue to himself, or to any suitable person named in the opposition.

Sec. 11. Hearing and order for letters to issue.

— At the hearing of the petition, it must be shown that the requirement of notice has been complied with. The prospective ward shall be presented to the court.  The court shall hear the evidence of the parties in support of their respective allegations.  If warranted, the court shall appoint a suitable guardian of the person or property, or both, of the minor.

At the discretion of the court, the hearing on

guardianship may be closed to the public and the records of the case shall not be-released without its approval.

Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice.

— When the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the appointment of a guardian over the property.

Notice of hearing of the petition shall be given to the minor by publication or any other means as the court may deem proper.  The court may dispense with the presence of the non-resident minor.

If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or convenient, it may appoint a guardian over his property.

Sec. 13. Service of final and executory judgment or order.

— The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the place where his property or part thereof is situated shall annotate the same in the corresponding title, and report to the, court his compliance within fifteen days from receipt of the order.

Sec. 14. Bond of guardian; amount; conditions.

— Before he enters upon the execution of his trust, or letters of

guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall determine and conditioned as follows:

Sec. 15. Where to file the bond; action thereon.

— The bond posted by a guardian shall be filed in the Family Court and, in case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding for the benefit of the ward or of any other person legally interested in the property.

Whenever necessary, the court may require the guardian to post a new bond and may discharge from further liability the sureties on the old bond after due notice to interested persons, if no injury may result therefrom to those interested in the property.

Sec. 16. Bond of parents as guardians of property of minor.

— If the market value of the property or the annual income of the child exceeds P50,000.00, the parent concerned shall furnish a bond in such amount as the court may determine, but in no case less than ten

per centum

of the value of such property or annual income, to guarantee the performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the Family Court of the place where the child resides or, if the child resides in a foreign country, in the Family Court of the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations of a general guardian shall be heard and resolved.

Sec. 17. General duties of guardian.

— A guardian shall have the care and custody of the person of his ward and the management of his property, or only the management of his property.  The guardian of the property of a nonresident minor shall have the management of air his property within the Philippines.

A guardian shall perform the following duties:

Sec. 18. Power and duty of the court.

—The court may:

Sec. 19. Petition to sell or encumber property.

— When the income of a property under

guardianship is insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and productive security, or in the improvement or security of other real property, the guardian may file a verified petition setting forth such facts, and praying that an order issue authorizing the sale or encumbrance of the property.

Sec. 20. Order to show cause.

— If the sale or encumbrance is necessary or would be beneficial to the ward, the court shall order his next of kin and all person/s interested in the property to appear at a reasonable time and place therein specified and show cause why the petition should not be granted.

Sec. 21. Hearing on return of order; costs.

— At the time and place designated in the order to show cause, the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or deny the petition as the best interests of the ward may require.

Sec. 22. Contents of order for sale or encumbrance and its duration; bond.

— If, after full examination, it is necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the court shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance or the education of the ward, or invested as the circumstances may require.  The order shall specify the grounds for the sale or encumbrance and may direct that the property ordered sold be disposed of at public sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred.  The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale or encumbrance, but the court may, if deemed expedient, require an additional bond as a condition for the sale or encumbrance.  The authority to sell or encumber shall not extend beyond one year, unless renewed by the court.

Sec. 23. Court may order investment of proceeds and direct management of property.

— The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other money of his ward in his hands, in real or personal properly, for the best interests of the ward, and may make such other orders for the management, investment, and disposition of the property and effects, as circumstances may warrant.

Sec. 24. Grounds for removal or resignation of guardian.

—When a guardian becomes insane or otherwise incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or mismanaged the property of the ward, or has failed to render an account or make a return for thirty days, after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require him to-surrender the property of the ward to the person found to be lawfully entitled thereto.

The court may allow the guardian to resign for justifiable causes.

Upon the removal or resignation of the guardian, the court shall appoint a new one.

No motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting of the property of the ward and the court has approved the same.

Sec. 25. Ground for termination of guardianship.

— The court

motu propio

or upon verified motion of any person allowed to file a petition for

guardianship may terminate the

guardianship on the ground that the ward has come of age or has died.  The guardian shall notify the court of such fact within ten days of its occurrence.

Sec. 26. Service of final and executory judgment or order.

—The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the province or city where his property or any part thereof is situated. Both the Local Civil Registrar and the Register of Deeds shall enter the final and executory judgment or order in the appropriate books in their offices.

Sec. 27. Effect of the rule.

—- This

Rule amends Rules 92 to 97 inclusive of the Rules of Court on

guardianship of

minors.

Guardianship of incompetents who are not

minors shall continue to be under the jurisdiction of the regular courts and governed by the Rules of Court.

Sec. 28. Effectivity.

— This

Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not later than April 15, 2003.

Guardianship

Guardianship is a trust relation in which one person called a guardian acts for another called a ward, whom the law regards as incapable of managing his own affairs. A guardian is appointed to safeguard the rights and interests of minors and incompetent persons.

Guardian

The person in whom the law has entrusted the custody and control of the person or estate or both of an infant, insane or other person incapable of managing his own affairs.

Kinds of Guardians

Rules 92-97 only applies to guardianship over incompetents who are not minors

Guardianship for minors is now covered by AM No. 003-03-05-SC (Rule on Guardianship of Minors).

Where to Institute Guardianship Proceedings

The Guardianship Court does not have jurisdiction to settle the controversy as to who has a better right or title to the properties conveyed in the course of the guardianship proceedings. The controversy should be threshed out in a separate action as the dispute is beyond the guardianship court’s jurisdiction. (Parco v. CA, G.R. No. L-33152, 1982).

An INCOMPETENT Includes:

• Persons suffering the penalty of Civil interdiction;
• Hospitalized lepers;
• Prodigals;
• Deaf and dumb who are unable to read and write;
• Those who are of unsound mind even though they may have lucid intervals;
• Persons not being of unsound mind but by reason of age, disease, weak mind or other causes CANNOT without outside aid, take care of themselves and manage their property. (Rule 92, Sec. 2)

Who May Petition For Appointment of Guardian for Resident Incompetent (FORD)

• Any relative;
• Friend;
• Other person in behalf of resident incompetent who has no parent or lawful guardian;
• The Director of Health in favor of an insane person who should be hospitalized or of an isolated leper. (R93, S1)

If the interested person is a creditor and mortgagee of the estate of the minor, he cannot be appointed guardian of the person and property of the latter. (Garchitorrena v. Sotelo, G.R. No. L-47867, 1942).

Jurisdictional Facts to Be Alleged:

• Incompetency of the person for whom guardianship is sought
• The ward is domiciled in the Philippines

Who May Petition for Appointment of Guardian for Minors (ROMDI)

• Relative
• Other person on behalf of the minor
• Minor himself if 14 years of age or over
• DSWD and DOH, in case of an insane minor who needs to be hospitalized
• Anyone Interested in the estate of a nonresident minor in case the minor is a nonresident with property within the Philippines (Rule on Guardianship of Minors, Sec. 2)

Who may be appointed guardians of minors

• Surviving grandparent; in case several grandparents survive, the court shall select any of them taking into account all relevant considerations
• The oldest brother or sister of the minor over 21 years of age, unless unfit or disqualified
• The actual custodian of the minor over 21 years of age, unless unfit or disqualified
• Any other person, who in the sound discretion of the court, would serve the best interests of the minor (Rule on Guardianship of Minors, S6)

Summary of who may file a petition for appointment of guardian.

Contents of a Petition for Guardianship of Resident Incompetent.

• Jurisdictional facts;
• Incompetency rendering the appointment necessary or convenient;
• Names, ages, and residence of the Relatives of the minor or incompetent, and of the person having him in their care;
• Probable value and character of his estate; and
• Name of the person for whom Letters of guardianship are prayed

Contents of a Petition for Guardianship of a Minor.

• Jurisdictional facts;
• Name, age, and residence of the prospective ward
• Ground rendering the appointment necessary or convenient
• Death of the parents of the minor or the termination, deprivation, or suspension of their parental authority
• Remarriage of the minor’s surviving parent
• Names, ages, and residences of Relatives within the 4th civil degree of the minor, and of persons having him in their care and custody;
• Probable Value, character and location of the property of the minor
• Name, age, and residence of the person for whom Letters of guardianship are prayed

The petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship. (Rule 93, Sec. 2)

Contents of a Petition for Guardianship of NonResident Incompetent Who Has Estate in the Philippines.

• Any relative;
• Friend; or
• Anyone interested in the estate – in expectancy or otherwise (R93, S6).

Ancillary Guardianship

Refers to the guardianship in a state other than that in which guardianship is originally granted.

Guardianship Proceedings

After the petition is filed, the court shall fix the time and place for hearing the same and shall cause notice to be given to persons mentioned in the petition and to the incompetent himself. (Rule 93, Sec. 3)

Notice is essential in order to confer jurisdiction on the court where a petition for guardianship is filed. (Herrera, Remedial Law III-A Special Proceedings and Special Rules Implementing the Family Courts Act of 1997, 2005)

At the hearing, the incompetent must be present, if able to attend and there must be a showing that notice was given. The court shall hear the evidence of the parties and if the person in question is indeed an incompetent, it shall appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified. (R93, S5)

Such Opposition to the Petition May Ask For the Following Reliefs:

• Dismissal of petition; or
• That the letters of guardianship issue to himself, or to any suitable person named in the opposition. (R93, S4)

Parents as Guardians

• If the value of the property or the annual income of the child is P50,000 or less: The father and mother jointly exercise legal guardianship.
• If the value exceeds P50,000:
• The parent concerned files a verified petition for the approval of the bond, the amount of which the court may determine
• BUT: The value of the bond must not be less than 10% of the value of the property of annual income of the child (Art. 225, FC)

Who May Petition for Judicial Determination of Ward’s Competency

• A person who has been declared incompetent
• His guardian;
• Relative;
• Friend. (R97, S1)

Who May Oppose

• Guardian;
• Relative of the ward;
• Any other person, in the discretion of the court. (R97, S1)

The petition shall be verified under oath. A hearing will then be set by the court and reasonable notice shall be given to the guardian of the incompetent and to the incompetent himself. If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease. (R97, S1)

General Powers and Duties of Guardians:

• To pay the ward's just debts out of:
• The personal estate and the real estate’s income;
• The real estate, if sufficient and only upon obtaining court order. (R96, S2)
• To settle all the ward’s accounts; demand, sue for or receive for all debts due the ward, or for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects; and appear for the ward in all actions/proceedings, unless another person is appointed for that purpose. (R96, S3)
• To manage the ward’s estate frugally and without waste; apply the income / profits to the comfortable and suitable maintenance of the ward and his family; and if the income / profits are insufficient, sell/encumber the real estate (upon court authorization). (R96, S4)
• To render an inventory of the ward’s estate within three (3) months after his appointment and annually thereafter, and upon application of interested persons
• If any property of the ward not included in an inventory already rendered is discovered / acquired by the ward, like proceedings shall be had for inventory and appraisement within three (3) months; (R96, S7)
• To render an accounting of the property for one (1) year from his appointment and every year thereafter, and upon application of interested persons.

A non-parent guardian is allowed the amount of his reasonable expenses incurred in the execution of his trust, plus just compensation for his services, not exceeding 15% of the ward’s net income. (R96, S8);

The court may authorize the guardian to join in an assent to an estate partition held by the ward jointly or in common with others. The authority shall only be granted after hearing, notice to the ward’s relatives, and a careful investigation as to the proposed action’s necessity/propriety. (R96, S5);

Proceedings When A Person is Suspected of Embezzling or Concealing Property of the Ward

Upon complaint of the guardian or ward or any person interested in the ward’s estate, that anyone is suspected of having embezzled / concealed / conveyed away any of the ward/estate’s property, the court may cite the suspected person to appear for examination and may order to secure the estate. (R96, S6)

Purpose: To secure evidence from persons suspected of embezzling, concealing or conveying away any property of the ward so as to enable the guardian to institute the appropriate action to obtain possession of and secure title to the property. (Cui v. Piccio, G.R. No. L-5131,1952)

General Rule: Generally, the guardianship court exercising special and limited jurisdiction cannot actually order the delivery of the property of the ward found to be embezzled, concealed or conveyed.

Exception: Only in extreme cases, where property clearly belongs to the ward or where his title thereto has been already judicially decided, may the court direct its delivery to the guardian.

In effect, there can only be delivery or return of the embezzled, concealed or conveyed property of the ward, where the right or title of said ward is clear and undisputable. However, where title to any property said to be embezzled, concealed or conveyed is in dispute, under the Cui case, the determination of said title or right whether in favor of the person said to have embezzled, concealed or conveyed the property must be determined in a separate ordinary action and not in guardianship proceedings. (Parco v. CA, G.R. No. L-33152, 1982)

Conflicts regarding the ownership or title to the property in the hands of the guardian in his capacity as such should be litigated in a separate proceeding, the court in the guardianship proceeding being solely concerned with the ward’s care and custody and proper administration of his properties. (Viloria v. Administrator of Veterans Affairs, G.R. No. L-9620, 1957)

Selling and Encumbering Property of Ward

The guardian may present a verified petition stating that:

• Income of estate is insufficient to maintain the ward and his family; or
• When it is for the benefit of the ward. (R95, S1)

If it appears to be probable that such sale or encumbrance is necessary or is beneficial, the court shall make an order directing the next of kin of the ward or all persons interested in the estate to appear and show cause why the petition should not be allowed. (R95, S2)

There shall be a hearing where the court shall refuse the petition or order such sale or encumbrance for the maintenance of the ward and his family or for the incompetent’s benefit.

No order of sale granted shall continue in force more than one (1) year after granting the same, without a sale being had. (R95, S4)

It is not necessary for the grant of authority to sell the ward’s income be insufficient to maintain and educate him; it being enough that the sale is for the ward’s benefit. (Tavera v. El Hogar Filipino, G.R. No. L-5893, 1956).

Investment of Proceeds and Management of Estate

The court may authorize and require the guardian to invest the proceeds of sale and encumbrances, and any other of his ward’s money in his hands, as shall be for the best interest of all concerned, and may make orders for the management, investment, and disposition of the estate and effects, as circumstances may require. (R95, S5)

While Sec. 5 requires judicial authority in order that a guardian may invest the ward’s money, it does not provide that said authority must be either prior to or expressed. (PTC v. Ballesteros, G.R. No. L-8532, 1957).

The court's approval of the annual inventories and accounts submitted by the guardian, with the conformity of the U. S. Veterans Administration and the mother of the minors, where the investment of the properties of the wards made without securing previous judicial authority, was mentioned and accounted for, amounts to a ratification of the acts of the guardian and compliance with the provisions of Section 5, Rule 95 of the Rules of Court. (Stegner v. Stegner, G.R. No. L-8532, 1957)

Conditions of the Bond of Guardians

Before an appointed guardian enters upon the execution of his trust, or letters of guardianship issue, he shall give a bond.

New bond

Whenever necessary, the court may require a new bond to be given by the guardian. After notice to interested persons, the sureties on the old bond may then be discharged from further liability when no injury will result to interested parties. (R94, S2).

Termination of Guardianship of Incompetents

• Competency of the ward has been judicially determined; (R97, S1)
• Death of guardian or of ward;
• Guardianship is no longer necessary. (R97, S3)

Ground for Removal or Resignation of Guardian of Incompetents

• Guardian becomes insane;
• Incapable of discharging trust;
• Unsuitable to discharge functions;
• Wastage or mismanagement of the property of the ward
• Failure to render account or make a return within thirty (30) days after it was due. (R97, S2)

Termination of Guardianship of Minors

• The ward has come of age
• The ward has died (Rule on Guardianship over Minors, Sec. 25)

Grounds for Removal or Resignation of Guardians of Minors

• Insanity
• Becomes incapable of discharging his trust
• Found to be unsuitable
• Has wasted/mismanaged the property of the ward
• Has failed to render an account or make a return for thirty days after it is due

No motion for removal or resignation shall be allowed unless the guardian has submitted the proper accounting of the property of the ward and the court has approved the same. (Rule on Guardianship over Minors, Sec. 25)

Rule on Guardianship Over Minors (A.M. No. 03-02-05-SC, effective May 1, 2003)

Who may petition for appointment of guardian.

• The Minor himself, if 14 years of age or over;
• Any Relative;
• Other person on behalf of a minor;
• The Secretary of Social Welfare and Development; and
• The Secretary of Health in case of an insane minor who needs to be hospitalized.

Who may be appointed guardian.

In default of parents or a court-appointed guardian, the court may appoint a guardian of a minor, observing, as far as practicable, the following order of preference:

• Surviving Grandparent, and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations;
• The oldest Brother or sister of the minor over 21 years of age, unless unfit or disqualified;
• The Actual custodian of the minor over 21 years of age unless unfit or disqualified; and
• Any Other person, who, in the sound discretion of the court would serve the best interests of the minor (Sec. 6).

Opposition to Petition

Majority of alleged minor, or suitability of the person for whom letters are prayed.

Bond of Guardian; Amount and Conditions

Before he enters upon the execution of his trust, or letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall determine and conditioned as follows:

• To make and return to the court, within three months after the issuance of his letters of guardianship, a true and complete Inventory of all the property, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf;
• To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule for the best interests of the ward, and to provide for his proper care, custody and education;
• To render a true and Just account of all the property of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; and
• To perform all orders of the court and such other duties as may be required by law.

Bonds of Parents as Guardian of Property of Minor

Bond is required if the market value of the child's properties or income exceeds P50,000.

Bond is required if the market value of the child's properties or income exceeds P50,000.

Guardian May Sell or Encumber Property When:

• The income of the estate is insufficient to maintain and educate the ward; or
• It appears that it is for the benefit of the ward

The authority to sell or encumber shall not extend beyond 1 year, unless renewed by the court.

Grounds for Removal or Resignation of Guardian – When the Guardian:

• Becomes insane or otherwise incapable of discharging his trust;
• Is found thereafter to be unsuitable;
• Has wasted or mismanaged the property of the ward; or
• Has failed to render an account or make a return within 30 days after it was due

NOTE: Before a motion for removal or resignation may be granted under Sec. 24, the guardian must submit the proper accounting of the property of the ward and the court has to approve the same.

Termination of Guardianship over Minors

The ward has died, or has come of age.

Guardianship’s termination may be motu proprio or by a verified motion by any person allowed to file a petition for guardianship on the grounds of majority and/or death of the ward.

The guardian shall notify the court of such fact within 10 days of its occurrence. (Sec. 25)