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Guardianship: how a guardian is appointed and what they can and cannot do

Last reviewed: August 14, 2026 — VerifiedPoder Judicial

In short

Guardianship is the figure by which the court appoints someone to represent or assist a person not under parental authority whose capacity to act is restricted, whether because they are a minor or have been declared incapacitated. There are four types with different purposes, and choosing the wrong one costs you the filing: special, for someone receiving a government benefit who cannot manage it; temporary, capped at three months, for sudden accidents or serious medical conditions; deferred voluntary, granted by public deed so it applies if you later become incapacitated; and interim. Two things surprise people: a family prosecutor from the Department of Justice takes part in the proceeding, and the role does not begin when the court decides but when the appointment is registered in the Guardianship Registry. A bond is the general rule, though the spouse, parents and grandparents are exempt.

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What is it?

A guardian is the natural or legal person the court appoints with authority to represent or assist another who, not being under parental authority, has restricted capacity to act because of minority or because a court declared them incapacitated. The person under guardianship is called the ward. In general terms, guardianship covers the care and representation of the person declared incapacitated and the administration of their property, or only the administration of the property, within the limits the court sets. A natural person in full exercise of their rights who is not disqualified under the Civil Code — such as by not living in Puerto Rico or having been convicted of a crime involving moral depravity — can be a guardian, and so can a non-profit legal entity whose objectives include protecting minors or incapacitated persons.

Who can do it?

Minors not legally emancipated who are not under their parents’ parental authority, and adults declared incapacitated by a court, can be placed under guardianship. The court’s page also describes situations in which a person may need assistance with their affairs or interests: moderate mental disability; physical disability that prevents effective communication by any means or requires assistance to be understood; squandering property without measure or reason, disregarding their own and their family’s needs; and consuming alcohol, drugs or controlled substances to the point of losing the capacity to decide for themselves and soundly manage their property.

Requirements

  • Filing a petition with the court, through legal representation or on your own behalf, explaining the reasons the appointment is warranted. It can be accompanied by a petition for a declaration of incapacity.Verified against the official source
  • That a family prosecutor, who is Department of Justice staff, takes part in the proceeding.Verified against the official source
  • Providing the evidence the court requires, which can include medical professionals’ opinions on physical, cognitive or emotional conditions.Verified against the official source
  • Posting a bond or other guarantees before starting in the role, except for the statutory exemptions: the ward’s spouse, parents and grandparents are exempt.Verified against the official source
  • Filing a sworn statement attesting to knowledge and reasonable certainty of the data given to the court on the ward’s financial condition and on the bond’s sufficiency and validity.Verified against the official source
  • That the appointment is registered in the court’s Guardianship Registry: the guardian takes office and acts validly after that registration, not before.Verified against the official source

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Identify which of the four types you need

    Special guardianship: for someone receiving help from a government programme who is not, or does not feel, able to manage their affairs, property or that assistance. Temporary guardianship: for someone who suffered an accident or serious medical condition and urgently needs a person in charge, for a period that cannot exceed three months. Deferred voluntary guardianship: granted by public deed by a person in full capacity, naming who would be their guardian if they later became incapacitated. Interim guardianship: when the designated person does not take office, or left it vacant.

  2. Step 2: If you are still well, consider the deferred voluntary one

    It is the only one of the four a healthy person can act on today for themselves: by public deed you name who you want as your guardian if you ever become incapacitated. Deciding it yourself avoids the court deciding later with less information about your preferences.

  3. Step 3: File the petition and expect Justicia

    The petition is filed with the court, with or without a lawyer, explaining why the appointment is warranted, and it can be accompanied by a petition for a declaration of incapacity. A family prosecutor from the Department of Justice takes part in the proceeding: it is not a private matter between the family and the judge. The court can require any evidence it deems necessary, including medical opinions.

  4. Step 4: The bond, unless you are exempt

    The general rule is that a bond must be posted before serving. The ward’s spouse, parents and grandparents are exempt. Where it applies, the judge sets it after determining the value of the ward’s property or its yields, with expert judgment. The bond is cancelled when the guardianship’s final accounts are filed and approved and the role’s responsibilities are extinguished.

  5. Step 5: Wait for registration before acting

    Once the petition is granted, the court appoints the guardian and imposes the role’s conditions and responsibilities, and that determination is entered in the Guardianship Registry. The guardian takes office and validly performs their duties after registration. Acting before that is acting without authority.

  6. Step 6: Seek authorization for the acts that require it

    Once appointed, some acts need prior court authorization, such as renting out the ward’s apartment for more than six months or selling their property. And some things are flatly prohibited: buying the ward’s property directly or through an intermediary, donating or waiving their property or rights, and paying oneself without judicial authorization for credits owed as guardian.

Where to do it

Before the Court of First Instance, filing the petition for appointment. Deferred voluntary guardianship is granted by public deed before a notary. The Pro Se Centers guide those representing themselves.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If you were appointed and want to resign, the general rule is that you cannot: once appointed, a guardian cannot resign or transfer their responsibilities, except for supervening incapacity, a conflict of interest with the ward, some circumstance preventing diligent service or where age or health prevents responsible compliance, or where the guardian is the ward’s spouse and decides to divorce. Guardianship ends when the cause that motivated it ceases, when the court removes the guardian for non-compliance, when the ward reaches majority, is emancipated or adopted, or dies. This guide states no cost, duration or list of documents the court requires, because the page does not publish them; nor does it describe the standard for a declaration of incapacity. If the matter is custody of a minor whose parents do hold parental authority, that is not guardianship: it is custody, and it has its own guide here. PRFácil does not process guardianships and gives no legal advice.

Common mistakes

  • Choosing the wrong type among special, temporary, deferred voluntary and interim.
  • Starting to act as guardian before the appointment is entered in the Guardianship Registry.
  • Not expecting a family prosecutor from the Department of Justice to take part.
  • Assuming a bond is owed when you are a spouse, parent or grandparent, who are exempt.
  • Selling or renting the ward’s property without the prior judicial authorization required.
  • Confusing guardianship with custody when the parents do hold parental authority.

Frequently asked questions

Can I name today who my guardian would be?

Yes: that is deferred voluntary guardianship. A person in full capacity names another as their guardian by public deed, to serve if they later become incapacitated.

When does the appointment take effect?

After registration in the court’s Guardianship Registry. The judicial determination is entered there, and it is then that the guardian takes office and their acts are valid.

Can a guardian sell the ward’s property?

Selling the ward’s property requires prior court authorization. And the guardian buying it, directly or through another person, is prohibited, as is donating or waiving the ward’s property or rights.

How long does temporary guardianship last?

It cannot exceed three months. It is the one the court appoints for a person who suffered an accident or serious medical condition and urgently needs someone in charge.

Official sources

These are the government pages this guide is based on.

Last verified

August 14, 2026

MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.

MiPRFácil does not submit applications on your behalf.

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