reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 708 - Guardianship of insane persons and deaf-mutes—Action against final decree

Against the decree terminating the proceedings for incapacity, the interested parties may interpose a suit in the ordinary manner, by means of an oral and public trial.
History —Civil Code, 1930, § 185.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 709 - Guardianship of insane persons and deaf-mutes—To whom guardianship corresponds

Guardianship of insane persons and deaf-mutes who are unable to understand or communicate effectively by any means, corresponds:
(1) To the spouse.
(2) To either of the parents.
(3) To any of the sons or daughters.
(4) To any of the grandparents.
(5) To any of the brothers or sisters.
If two (2) or more persons appear, the court shall make the designation between them based on the best interests and welfare of the ward.
History —Civil Code, 1930, § 186; May 30, 1976, No. 83, p. 258; July 21, 1977, No. 6, p. 552; Dec. 14, 1994, No. 140, § 5; Jan. 10, 1998, No. 17, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 710 - Tutorship of prodigals and habitual drunkards—Decree

A decree of prodigality or habitual drunkenness shall be made by means of an ordinary suit prosecuted in an oral and public trial. The judgment shall prescribe the acts which shall be prohibited to the incapacitated person and the powers which the tutor shall exercise in his name.
The court shall adopt such provisional measures as may be necessary for the protection of the property until the judgment is rendered.
History —Civil Code, 1930, § 187.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 711 - Tutorship of prodigals and habitual drunkards—Who May petition for decree

Only the husband or wife and the forced heirs of the prodigal or drunkard and, exceptionally, the prosecuting attorney, either by himself or on petition of some relative of the said husband or wife or forced heirs, when they are minors or incapacitated, may demand the decree referred to in the preceding section.
History —Civil Code, 1930, § 188.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 712 - Tutorship of prodigals and habitual drunkards—Exception of former actions and those subsequent to the suit

The actions of the prodigal or drunken person, prior to the suit, shall not be contested for prodigality. Those that are subsequent to the date of the summons and subpoena of the prodigal or drunken person, shall be rescindable if they would result in grave injury to the interests that should be placed under the tutelage of the prodigal.
History —Civil Code, 1930, § 189; Jan. 10, 1998, No. 17, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 713 - Tutorship of prodigals and habitual drunkards—To whom it belongs

The tutelage of prodigals and habitual drunkards belong to the person designated in § 709 of this title.
History —Civil Code, 1930, § 190.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 717 - Guardianship of drug-addicts—Definition

Drug-addiction is hereby defined as the physiological or psychological dependence on the consumption of controlled substances or drugs, whose possession or sale is prohibited by law without a medical prescription, which creates in such person an alienation from reality which inhibits or impairs the capacity to safekeep his or her personal welfare, the safety of his property or both.
History —Civil Code, 1930, added as § 193A on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 718 - Guardianship of drug-addicts—Declaration of incompetence; obligations of the guardian

The judicial declaration of incompetence of a person by virtue of his/her drug addiction is needed in order to place the person, his/her property or both, under guardianship. Said declaration shall be petitioned through a suit in an ordinary proceeding. The court, at the moment of issuing judgment, shall determine the degree of incompetence of the drug-addict, shall specify the acts prohibited to the incompetent person, and the powers to be performed by the guardian in his behalf.
History —Civil Code, 1930, added as § 193B on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 719 - Guardianship of drug-addicts—Dispositive measures

The court shall order dispositive measures it deems necessary, which shall govern the person or the property of the drug addict until judgment is rendered.
The guardian shall render a guardianship report annually. The court may provide that the incompetent person be hospitalized or receives outpatient treatment in a private or public institution which the court may deem suitable for rehabilitation. The court shall conduct periodic review hearings to rigorously follow-up the progress of the incompetent person. Failure to obey the orders of the court shall constitute civil contempt.
It shall be the duty of the guardian to prove to the court, under oath, and under the penalty of losing the guardianship, that he/she submitted the incompetent person to a rehabilitation program. Along with the guardian, a court expert shall testify whether or not rehabilitation was achieved and shall present adequate expert evidence to determine whether the rehabilitation was achieved, in order to terminate the incompetence.
The guardian may use the income of the person under guardianship from any public or private source for the payment of his/her treatment costs, whether the treatment is ambulatory or hospitalized.
History —Civil Code, 1930, added as § 193C on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 720 - Guardianship of drug-addicts—Who may request the declaration

The declaration of incompetence due to drug-addiction shall only be petitioned by the spouse and forced heirs, ascendants or siblings of the alleged incompetent person, and by exception, the prosecuting attorney assigned to the Superior subpart of the Court of First Instance or the Family Advocate, on his own accord or by petition of a relative, when the spouse or heirs are minors or incapable.
If the State is the promoter, the person subject to the incompetence procedure shall be entitled to the assistance of legal counsel and to the testimony of an expert in his behalf. Said expert shall not have any financial relationship or contract whatsoever, nor any employer-employee relationship with any entity devoted to drug rehabilitation, whether public or private.
Under no circumstance, regardless of who initiated the procedure, shall the evidence obtained during this procedure, be used against the person submitted to the incompetence procedure in another procedure. Incompetence, as referred to herein, does not constitute unindictability for penal purposes.
History —Civil Code, 1930, added as § 193D on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 721 - Guardianship of drug-addicts—Impugnation of acts

Only those acts subsequent to the subpoena or summons of the drug addicted person shall be rescindable, if the same result in grave injury to the incompetent person’s interests assets, or being.
History —Civil Code, 1930, added as § 193E on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 722 - Guardianship of drug-addicts—Appointment of the guardian

Guardianship of the drug-addict shall correspond, in the first instance to the persons listed in § 709 of this title.
Whenever two (2) or more persons appear as guardians, the court shall designate one of them on the basis of the welfare of the incompetent person.
If none of the corresponding persons are available or are willing to accept guardianship, the appointment shall be made from the Register of Volunteer Guardians, who shall be supervised and managed by the Department of the Family. Said register shall contain the names of private persons and public servants who wish to and are authorized to perform the duties of a guardian.
As an additional requirement, the persons mentioned in the above paragraph, shall be required to be twenty-one years (21) of age or older, and shall not be linked directly with the institution rendering treatment, the physician or professional therapist, or with any person related to the guardian up to a fourth degree of consanguinity or second of affinity, who in turn has done business with any of the institutions, whether public or private, who provide rehabilitation treatment for the person under guardianship, whether by contract or the rendering of services.
History —Civil Code, 1930, added as § 193F on Jan. 11, 1998, No. 29, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 91 - Dative Tutorships (§ 731) › § 731 - Appointment of tutor by court

When there is no testamentary tutor or a person designated by law for the exercise of the vacant tutorship, or if the person designated does not meet the legal qualifications, the Court of First Instance shall appoint a person of known probity as tutor in all cases involving § 662 of this title.
History —Civil Code, 1930, § 194; July 24, 1952, No. 11, p. 30; May 6, 1983, No. 29, p. 51.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 93 - Persons Not Qualified to Act as Guardians and Their Removal (§§ 741 — 745) › § 741 - Disqualified persons

Tutorship shall not belong to:
(1) Those subject to tutorship.
(2) Those who have been convicted of any felony or misdemeanor that implies moral depravation.
(3) Those sentenced to a term of imprisonment, until the sentence expires.
(4) Those legally removed from a former tutorship due to a failure to carry out their obligations, or deprived of patria potestas.
(5) Persons of bad conduct or who have no visible means of support.
(6) Bankrupts and insolvents not rehabilitated.
(7) Those who, at the time the tutorship is conferred, have a suit pending with the minor or formerly had such suit, regarding such minor’s civil status.
(8) Those in litigation or who have litigated with the minor over the ownership of his property, unless the father, or in a proper case, the mother, knowing thereof, shall have, nevertheless, named them tutor in their wills.
(9) Those who owe the minor important sums of money, unless, having a knowledge of such debts, the father, or in a proper case, the mother, shall have named them tutor in their wills.
(10) A testamentary tutor who neglects the fulfillment of the requirements indispensable to begin the exercise of their charges.
(11) Persons not residing in Puerto Rico.
(12) Those who have made any vicious and unjustified accusation against the minor or criminal charge against his ascendants or collaterals up to the fourth degree.
History —Civil Code, 1930, § 195; June 4, 1983, No. 82, p. 186.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 93 - Persons Not Qualified to Act as Guardians and Their Removal (§§ 741 — 745) › § 742 - Removal from guardianship

The following shall be removed from guardianship:
(1) Those who, after such guardianship is submitted, come under any of the cases of disability mentioned in subsections (1), (2), (3), (4), (5), (6), (7), (8), (11) and (12) of § 741 of this title.
(2) Those who assume the administration of the guardianship without having given bond and registered it as if it were a mortgage bond.
(3) Those who do not carry out the inventory within the term and in the manner established by law, or do not do it faithfully.
(4) Those who do not behave properly in the discharge of their guardianship.
Any guardian removed from his duties for one of these causes will be under the obligation to compensate the damages caused thereby.
(5) Those who incur any of the grounds established or any of the circumstances stated in §§ 634a and 634b of this title are found.
History —Civil Code, 1930, § 196; June 4, 1979, No. 64, p. 135; Jan. 19, 1995, No. 8, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 93 - Persons Not Qualified to Act as Guardians and Their Removal (§§ 741 — 745) › § 743 - Hearing of tutor before removal

The Court of First Instance shall not declare the tutors’ incompetence, without summoning and hearing them, if they appear.
The petition for the removal of a tutor shall be presented in the same file of the tutorship case by any relative of the minor or disabled person, or by the Attorney General’s office.
History —Civil Code, 1930, § 197; May 6, 1983, No. 30, p. 52, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 93 - Persons Not Qualified to Act as Guardians and Their Removal (§§ 741 — 745) › § 744 - Finality of decree; filling of vacancy

When the Court of First Instance has declared the incompetence, the resolution or order shall be deemed to be final, and steps shall be taken to fill the vacant tutorship, according to the law.
History —Civil Code, 1930, § 198; May 6, 1983, No. 30, p. 52, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 93 - Persons Not Qualified to Act as Guardians and Their Removal (§§ 741 — 745) › § 745 - Action pending decision on impediment

When, by reason of incapacity, the tutor has not entered upon his functions, the Court of First Instance shall provide for the care of the tutorship during the time a final decision is being reached regarding the impediment.
History —Civil Code, 1930, § 199.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 761 - Bond of tutor

Before taking the oath of office and assuming the duties of his office, the tutor shall give bond to assure the good results of his actions.
History —Civil Code, 1930, § 200; June 3, 1983, No. 73, p. 155.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 762 - Form of bond; other measures by court

The security shall be either a mortgage or a pledge, a personal bond with two sureties, or that of a surety company in good repute, duly authorized to do business in Puerto Rico.
The bond shall not in any way affect the power of the competent part of the Court of First Instance to take such measures as it may deem necessary for the protection of the property of the minor or incapacitated persons.
History —Civil Code, 1930, § 201; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 763 - Amount of bond

The amount of the bond shall be fixed by the proper part of the Court of First Instance upon determination, by affidavit made by the tutor, and such other evidence as the court may deem necessary, of the total value of the property of the minor or incapacitated person for whom said tutor shall have been appointed.
History —Civil Code, 1930, § 202.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 764 - Bond required before entering upon duties

The tutor shall not enter upon the discharge of his duties until having given the bond required by the Court of First Instance.
History —Civil Code, 1930, § 203.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 765 - Record of mortgage; deposit of security

The mortgage given as security shall be recorded in the registry of property. The security of any kind whatsoever, and after the approval thereof by the proper court, shall be deposited, if its nature so allows, in the vault of the office of the Secretary of the Treasury of Puerto Rico, and it shall remain at the care and under the responsibility of said official.
History —Civil Code, 1930, § 204; July 24, 1952, No. 6, p. 10, eff. July 25, 1952.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 766 - Increase, decrease, and cancellation of bond

The bond may be increased or diminished during the period of tutorship according to the fluctuations in the value of the property of the minor or incapacitated person and in the securities upon which the said bond is made.
The bond cannot be totally cancelled until the tutor, having had the accounts of his tutorship approved, shall have discharged all the responsibilities of his management.
History —Civil Code, 1930, § 205.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 95 - Security to Be Given for Tutorship (§§ 761 — 767) › § 767 - Exemption from giving bond

The following persons shall be exempted from giving bond for the tutorship:
(1) The father, the mother and the grandparents, whenever called to the tutorship of their descendants.
(2) The testamentary tutor relieved by the father or mother, in the proper cases, from this obligation. This exception shall cease when causes arise subsequent to the appointment of the tutor and which were not known to the testator, which make such bond indispensable in the judgment of the Court of First Instance.
(3) The tutor appointed and excused from giving bonds by strangers who may have made the minor or incapacitated person their heir or left him a legacy of importance. In this case, such exemption shall be limited to the property or income in which the inheritance or legacy consists.
History —Civil Code, 1930, § 206.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 781 - Representation of minor, etc

The tutor represents the minor or incapacitated person in all civil acts, except those which, by law, said minor or incapacitated person is capable of executing himself.
History —Civil Code, 1930, § 207.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 782 - Duties of wards to tutors

The minors or disabled persons under tutorship owe respect and obedience to their tutor. The tutor may correct them in moderation.
History —Civil Code, 1930, § 208; June 3, 1983, No. 74, p. 156.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 783 - Duties of tutor

The tutor shall:
(1) Feed and educate the minor or disabled person, in accordance with his condition and in strict conformity with the provisions made by his parents, or in defect thereof, with those adopted by the Court of First Instance.
(2) Endeavor, by all the means which the fortune of the minor or disabled person admits, that they acquire or recover their capacity.
(3) Make an inventory of all the real and personal property to which the tutorship extends, within the term fixed for this purpose by the competent part of the Court of First Instance.
(4) Request, in due time, the judicial authorization for all that is required by this title.
History —Civil Code, 1930, § 209; June 3, 1983, No. 75, p. 156, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 783a - Responsibility of tutor

The tutor shall administrate the interests of the minor or disabled person as a good head of a family should, and is liable for any harm that could result from noncompliance of his duties.
History —Civil Code, 1930, § 209-A, added June 3, 1983, No. 75, p. 156, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 784 - Credits of tutor against minor, renunciation

The tutor shall state in the inventory any credit he holds against the ward. The court will enjoin it with this objective and shall state this circumstance.
The tutor who, upon the request of the court, fails to include in the inventory the credits he holds against the minor or the disabled person shall be deemed to have waived them with the exception that at the time of the inventory he had no knowledge of their existence.
History —Civil Code, 1930, § 210; June 3, 1983, No. 75, p. 156, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 784a - Appraisal of property — procedure

The inventory shall be presented in the Court of First Instance which, after approving it, shall order an appraisal of all the property by an impartial and competent person, whom to such effects, it shall appoint to its satisfaction. Nevertheless, through a resolution to such effects and for just cause in benefit of the best interests of the ward, the court may dispense the appraisal of the property.
After the appraisal of the property has been made, and once it has been approved by the court, it shall order that the property inventoried and appraised be recorded in the proper place in the registry of tutorships.
The appraiser shall fulfill his duty, under oath made in accordance with the law, and shall receive the remuneration which the Court of First Instance shall prescribe.
History —Civil Code, 1930, § 210A, added June 3, 1983, No. 75, p. 156, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 784b - Appraisal of property—Property not included

If after performing the inventory, it is found that there are properties which were not included, or that later, the estate of the minor increases due to succession or other title, the same shall be added to the former inventory with the same formalities.
History —Civil Code, 1930, § 210B, added June 3, 1983, No. 75, p. 156, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 785 - Allowance for support

When the will of the person appointing the tutor does not provide for an allowance for the support of the minor or incapacitated person, the proper part of the Court of First Instance shall, in view of the inventory, decide the amount of the property to be used for this purpose.
This decision may be modified in accordance with the increase or decrease in the patrimony of the minors or incapacitated persons or as their condition changes.
History —Civil Code, 1930, § 211.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 786 - Acts requiring authorization of court

The tutor shall require the authorization of the proper Court of First Instance:
(1) To punish the minor in accordance with the provisions of number 2 of § 601 of this title.
(2) To give the minor a specified profession or trade when this matter has not been decided by his parents, to modify the provisions made by them in this respect, and to send the said minor out of the Commonwealth of Puerto Rico for any length of time.
(3) To have an incapacitated person confined in an institution for the mentally ill.
(4) To continue the business or industry carried on by the incapacitated person or his ascendants or those of the minor.
(5) To alienate or encumber the real property which constitutes the capital of the minor or incapacitated person or to make contracts or execute acts requiring recording; also to alienate personal property, the value of which exceeds one thousand ($1,000) dollars, and to execute lease contracts for a longer period than six years; but in no case shall the contract be entered into nor the authorization granted for a period of time in excess of that required by the minor to become of age.
The limitations contained in the preceding paragraph relative to the execution of contracts for the lease of real property shall apply to the contracts for advances for agricultural purposes and grinding of cane, authorized by §§ 164-180 of Title 5.
The prohibition to alienate personal property the value of which exceeds one thousand ($1,000) dollars, without judicial authorization therefor, does not cover the alienation of the fruits yielded by a landed or agricultural property, at its last crop.
(6) To invest any balance of money remaining each year after the obligations of the tutorship have been met.
(7) To proceed to the divisions of the inheritance or any other thing possessed by the minor or other incapacitated person in common with others.
(8) To withdraw for investment any capital producing interest.
(9) To loan and borrow money.
(10) To accept without the benefit of an inventory any inheritance or to repudiate such inheritance or any donation.
(11) To incur extraordinary expenses in connection with tenements the administration of which is comprised in the tutorship.
(12) To settle and compromise by arbitration the questions in which the minor or incapacitated person may be interested.
(13) To bring suit in the name of those under tutorship and maintain all lawful appeals when they lie from judgment rendered against them.
Complaints and remedies in verbal hearings are excepted.
History —Civil Code, 1930, § 212; July 24, 1952, No. 11, p. 30; May 31, 1972, No. 56, p. 130; July 20, 1979, No. 131, p. 313.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 787 - Liability of tutor for interest on capital

The tutor shall be liable for the legal interests on the capital of the persons subject to guardianship when, by reason of his omission or negligence, they remain unproductive or without investment.
History —Civil Code, 1930, § 213; May 8, 1979, No. 41, p. 96.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 788 - Procedure for authorization of court

The judicial authorization to alienate, encumber or lease the property of the minor or incapacitated person or to settle or comprise by arbitration private or judicial matters affecting the rights of the minor or incapacitated persons, shall be decided by the part of the Court of First Instance wherein the property is situated, or by the part of the Court of First Instance where the litigious question has been or should be raised, after demonstrating the necessity and utility involved in the case, in conformity with the provisions of this title and those of an act relative to special legal proceedings.
History —Civil Code, 1930, § 214.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 789 - Prohibited acts

Tutors are prohibited from:
(1) Donating or renouncing things or rights belonging to the minor or incapacitated person.
The donations made by the minor by reason of a marriage and with the approval of the persons having to give their consent to such marriage, shall be valid so long as they do not exceed the limits fixed by law.
(2) Remunerating themselves, unless with the approval of the Court of First Instance, for any amounts due them.
(3) Purchasing themselves, or through another person, property belonging to the minor or incapacitated person, unless expressly authorized by the Court of First Instance.
History —Civil Code, 1930, § 215.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 790 - Right to remuneration

The tutor has the right to receive a remuneration from the property of the minor or incapacitated person.
When such remuneration shall not have been fixed by those naming the testamentary tutor, or for the tutor by effect of the law or the dative tutor, the Court of First Instance shall fix the same, taking into consideration the amount of the estate and the labor which the administration thereof will require.
In no case shall the remuneration be less than four nor more than ten per cent of the net income or proceeds of the property.
History —Civil Code, 1930, § 216; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 97 - Exercise of Guardianship (§§ 781 — 791) › § 791 - When guardianship ends

Guardianship ends:
(1) By the minor attaining the age of twenty-one (21) years, by his being adopted, and by emancipation, with the limitations established by law.
(2) When the cause that motivated it ceases, in the case of disabled or prodigal persons.
History —Civil Code, 1930, § 217; Jan. 10, 1998, No. 17, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 801 - Annual accounts of tutors

Any relative of the minor or incapacitated person, as also any stranger, who shall not have been instituted tutors with an allowance from the proceeds for maintenance provided in the will of the father or mother, shall render annual accounts of their management to the proper part of the Court of First Instance.
Such accounts, when approved by the proper part of the Court of First Instance, shall be deposited with the clerk of the same court in which the tutorship has been recorded.
History —Civil Code, 1930, § 218; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 802 - General account of replaced tutor

A tutor who shall be replaced by another, as also the heirs of the former, shall be required to render a general account of the tutorship to the person replacing him, which account shall be examined and audited in the manner provided in the preceding section. The new tutor shall be responsible to the minor for all damages and injuries, if he does not demand and examine the accounts of his predecessor.
History —Civil Code, 1930, § 219.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 803 - Account upon termination of tutorship

After the termination of the tutorship, the tutor or his heirs shall give an account of his administration to the person who was subjected thereto or to his representatives or those holding rights under him.
History —Civil Code, 1930, § 220.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 804 - Term for approval of accounts

The general accounts of the tutorship shall be audited and approved by the Court of First Instance within a period not exceeding six months after the same are presented.
History —Civil Code, 1930, § 221; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 805 - Necessary vouchers

The accounts shall be accompanied by their vouchers. The only expenses which need not be vouched for are those petty expenses for which a careful father of a family does not generally ask a receipt.
History —Civil Code, 1930, § 222.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 806 - Expense of rendering accounts

The expense of rendering the accounts shall be borne by the minor or incapacitated person.
History —Civil Code, 1930, § 223.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 807 - Agreements with tutor

Until fifteen days have passed after the rendering of the accounts with their vouchers, the persons holding rights under the minor, or the minor himself if he be of age, shall not make any agreement with the tutor relating to the management of the tutorship.
History —Civil Code, 1930, § 224.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 808 - Interest on balance of accounts

The balance which the general accounts may show in favor of or against the tutor shall bear interest at the legal rate.
In the first case, from the time the minor is requested to pay such balance, after the delivery of his property.
In the second case, from the time the accounts have been rendered, if presented within the legal term, and if not, from the time such term expires.
History —Civil Code, 1930, § 225.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 99 - Accounts of Tutorship (§§ 801 — 809) › § 809 - Limitation of actions

The actions mutually belonging to the tutor and the minor to bring suit on account of the exercise of the tutorship shall extinguish five years after said tutorship ends.
History —Civil Code, 1930, § 226.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 101 - Recording of Tutorships (§§ 821 — 825) › § 821 - Books in Court of First Instance

There shall be in the parts of the Court of First Instance of Puerto Rico one or more books in which entries shall be made of the tutorships constituted during each year within their respective jurisdictions.
History —Civil Code, 1930, § 227; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 101 - Recording of Tutorships (§§ 821 — 825) › § 822 - Care of books; free entries

These books shall be under the care of the clerk of the Court of First Instance, who shall make the entries free of cost.
History —Civil Code, 1930, § 228; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 101 - Recording of Tutorships (§§ 821 — 825) › § 823 - Contents of entries

The entry made for each tutorship shall contain:
1. The name, surname, age and domicil of the minor or incapacitated person, and the extent and limit of the tutorship, when the incapacity has been judicially declared.
2. The name, surname, profession and domicil of the tutor and whether he is a testamentary tutor, a tutor by effect of the law, or a dative tutor.
3. The date on which the tutorship shall have been conferred and the required security given by the tutor, stating, in a proper case, the class of property upon which such security is based.
4. The allowance for maintenance assigned to the minor or incapacitated person, or a statement that the proceeds of the property have been assigned as compensation therefor.
History —Civil Code, 1930, § 229.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 101 - Recording of Tutorships (§§ 821 — 825) › § 824 - Note as to rendition of accounts

At the foot of each inscription, at the beginning of each judicial year, it shall be stated if the tutor has rendered the accounts of his management in the cases in which he is obliged to do so.
History —Civil Code, 1930, § 230.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 101 - Recording of Tutorships (§§ 821 — 825) › § 825 - Examination of registries

The Court of First Instance shall annually examine these registries and shall take such measures as may be necessary to defend the interests of the persons under tutorship.
History —Civil Code, 1930, § 231; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 841 - Appointment by district court

Original jurisdiction is hereby conferred upon the District Court to appoint special guardians for persons who receive aid, either in kind or in services, from any program directed or administered by the Department of Social Services and who for any reason are not capable of administering their properties.
History —Apr. 22, 1952, No. 130, p. 256, § 2; July 24, 1952, No. 11, p. 30; June 25, 1969, No. 85, p. 240, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 842 - Application; appointment; acceptance

For the appointment of a special guardian it shall suffice that the person, or any other person acting in his behalf, file an application to that effect before the Part of the District Court of his domicile. The court shall give preference over other cases to the consideration of the application so filed and upon a report from the Department of Social Services of the Government of Puerto Rico and the holding of a hearing, it shall issue the proper appointment of special guardian. The person who is appointed special guardian shall, before entering in the discharge of his duties, file with the court his acceptance of the office.
History —Apr. 22, 1952, No. 130, p. 256, § 3; July 24, 1952, No. 11, p. 30; June 25, 1969, No. 85, p. 240, § 3, eff. June 25, 1969.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 843 - Qualifications of special guardians

Persons incapacitated to act as guardians under the provisions of this title shall not be authorized to act as special guardians in these cases.
History —Apr. 22, 1952, No. 130, p. 256, § 4, eff. Apr. 22, 1952.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 844 - Term of office; reports of administration

Special guardians shall hold office for such term and subject to such other conditions as the court may determine, and shall render a semi-annual report setting forth that they have administered the estate for the benefit of the incapacitated person.
History —Apr. 22, 1952, No. 130, p. 256, § 5, eff. Apr. 22, 1952.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 845 - Proceedings free of fees

The proceedings for the appointment of a special guardian shall be transacted free of fees.
History —Apr. 22, 1952, No. 130, p. 256, § 6, eff. Apr. 22, 1952.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 846 - Definition

For the purposes of §§ 841-847 of this title, the term person shall mean any individual of age or minor with insufficient economic resources to attend to his basic needs of life and who has been selected as a beneficiary from any program of the Department of Social Services, either under federal or Commonwealth laws.
History —Apr. 22, 1952, No. 130, p. 256, § 7; Feb. 24, 1966, No. 1, p. 115; June 25, 1969, No. 85, p. 240, § 4, eff. June 25, 1969.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 103 - Special Guardians for Incapacitated Persons Who Receive Aid (§§ 841 — 847) › § 847 - Proceedings in Court of First Instance

The Court of First Instance of Puerto Rico shall have concurrent jurisdiction with the District Court of Puerto Rico to take cognizance of the proceedings herein provided. The provisions of §§ 841-847 of this title shall not affect the jurisdiction of the Court of First Instance of Puerto Rico to take cognizance of the guardianship proceedings provided in this title.
History —Apr. 22, 1952, No. 130, p. 256, § 8; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 105 - Veterans’ Guardianship (§§ 861 — 879) › § 861 - Definitions

As used in §§ 861-879 of this title:
The term “person” includes a partnership, corporation or an association.
The term “Administration” means the United States Veterans’ Administration, or its successor.
The terms “estate” and “income” shall include only moneys received by the guardian from the Administration and all earnings, interest and profits derived therefrom.
The term “benefits” shall mean all moneys payable by the United States through the Administration.
The term “Administrator” means the Administrator of Veterans’ Affairs, or his successor.
The term “ward” means a beneficiary of the Administration.
The term “guardian” shall mean any person acting as fiduciary for a ward.
The term “court” means any part of the Court of First Instance of the Commonwealth of Puerto Rico.
History —Apr. 17, 1936, No. 26, p. 216, § 1; Const., art. I, § 1; July 24, 1952, No. 11, p. 30.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 105 - Veterans’ Guardianship (§§ 861 — 879) › § 862 - Appointment of guardian required by Federal law or regulation

Whenever, pursuant to any law of the United States or regulation of the Administration, the Administrator requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided.
History —Apr. 17, 1936, No. 26, p. 216, § 2, eff. Apr. 17, 1936.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 105 - Veterans’ Guardianship (§§ 861 — 879) › § 863 - Petition for appointment of guardian

A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the Administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person resident of Puerto Rico.
The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the Administration and shall set forth the amount of moneys then due and the amount of probable future payments.
The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.
In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by the Administration in accordance with the laws and regulations governing the Administration.
History —Apr. 17, 1936, No. 26, p. 216, § 3, eff. Apr. 17, 1936.