In short
Act 87 of 2026 amended subsection (j) and added a new subsection (k) to Article 9 of Act No. 121-2019, the Bill of Rights and Public Policy of the Government in favour of Older Adults. Article 9 provides that any older adult who has been the victim of any type of abandonment or abuse, as described in that Act, or of conduct constituting an offence, may file a protection order in court themselves, through their legal representative, through a law enforcement officer, a legal guardian, a public official, or any private person interested in the older adult’s well-being; and that it may be petitioned without any prior complaint or accusation being necessary. The new subsection (k) allows ordering the appointment of a temporary guardian under Article 140(d) of the Puerto Rico Civil Code of 2020, when a Municipal or Superior Judge of the Court of First Instance determines that the older adult’s condition, resulting from an accident or medical condition, puts at risk their safety, well-being, dignity or patrimony. Subsection (j), as amended, allows ordering reimbursement to the Government of Puerto Rico of any expense incurred with public funds for failing to move an older adult to their home or care facility once they have received or completed treatment or been medically discharged. The Act also added subsection (d) to Article 140 of the Civil Code, and subsection (9) to Article 5.004(a) of Act No. 201-2003, giving Municipal Judges competence over every protection-order petition under Act 121-2019, including the temporary guardianship.
What is it?
It is a fast route for a very specific situation: an older adult who, after an accident or because of a medical condition, can no longer protect themselves or manage their affairs. Before, a separate guardianship case had to be opened. Act 87-2026 lets the same judge handling the protection order appoint a temporary guardian in that same proceeding.
Who can do it?
The protection-order petition may be filed by the older adult themselves, their legal representative, a law enforcement officer, their legal guardian, a public official, or any private person interested in their well-being. For the temporary guardian, the judge must determine that the older adult’s condition, resulting from an accident or medical condition, puts at risk their safety, well-being, dignity or patrimony.
Requirements
- For the protection order: that the older adult has been the victim of any type of abandonment or abuse as described by Act 121-2019, or of conduct constituting an offence under the Penal Code or any other special law.Verified against the official source
- For the temporary guardian: that a Municipal or Superior Judge of the Court of First Instance determines that the older adult’s condition, resulting from an accident or medical condition, puts at risk their safety, well-being, dignity or patrimony.Verified against the official source
- No prior complaint is needed: Article 9 itself says the order may be petitioned without any prior complaint or accusation being necessary.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Anyone who is concerned can ask for it
Article 9 opens the door wide: the order may be filed by the older adult themselves, through their legal representative, by a law enforcement officer, a legal guardian, a public official, “or by any private person interested in the older adult’s well-being”. You need not be a relative.
Step 2: No prior complaint is needed
The same article says it: this protection order may be petitioned without any prior complaint or accusation being necessary. When the court determines there are sufficient grounds to believe the petitioning party has been the victim of physical, mental or psychological abuse, harassment, coercion, intimidation, emotional harm or any other offence, it may issue the order ex parte or at the request of an interested party.
Step 3: Ask for the temporary guardian too if needed
This is what Act 87-2026 added. Subsection (k) empowers the court to order the appointment of a temporary guardian under Article 140(d) of the 2020 Civil Code, when a Municipal or Superior Judge of the Court of First Instance determines that the older adult’s condition, resulting from an accident or medical condition, puts at risk their safety, well-being, dignity or patrimony. Note that “patrimony” sits there next to safety: it covers financial risk too.
Step 4: A municipal judge can handle it
The Act added subsection (9) to Article 5.004(a) of Act 201-2003: Municipal Judges shall have authority to consider, hear and resolve every protection-order petition filed under Act 121-2019, and that includes the temporary guardianship issued under the Civil Code. In practice, that is what allows the case to be heard outside ordinary hours.
Step 5: The order can require reimbursement to the Government
Subsection (j), as it now reads, allows ordering reimbursement to the Government of Puerto Rico of any expense incurred with public funds for failing to move an older adult to their home or care facility once they have received or completed treatment or been medically discharged from a hospital institution. The reimbursement is made in the name of the Department of Treasury, which must remit it to the entity that incurred the expense.
Where to do it
At the Court of First Instance. Since this Act, Municipal Judges have express competence over every protection-order petition under Act 121-2019, including the temporary guardianship. The law publishes no form or courtroom.
How long it takes
What to do if something goes wrong
This guide describes all of Act 87-2026, which is the only thing we read. Article 9 is quoted in the Act with its subsections (a) through (i) elided with ellipses, so you will not find here everything a protection order for an older adult can contain: only the two subsections this Act touched, plus the article’s opening. Nor did we read the rest of Act 121-2019, the Civil Code’s guardianship chapter or Act 201-2003, so we do not describe how an ordinary guardianship works or how long the temporary one lasts. The law publishes no cost or time. And an important clarification: the temporary guardian is appointed within a protection order, it is not a standalone procedure; if what you need is an ordinary guardianship because no abuse is involved, that is a different proceeding and requires a lawyer. PRFácil does not file petitions or give legal advice.
Common mistakes
- Believing you must be a relative: any private person interested in the older adult’s well-being may file it.
- Waiting to file a complaint first: the law says no prior complaint or accusation is necessary.
- Thinking the temporary guardian is requested separately: it is ordered within the same protection order, under subsection (k).
- Believing only a superior judge can: Municipal Judges have express competence, including the temporary guardianship.
- Forgetting patrimony: the risk the judge weighs includes the older adult’s safety, well-being, dignity and patrimony.
Frequently asked questions
My mother had an accident and cannot decide. What do I do?
Act 87-2026 allows that, in a protection-order petition under Act 121-2019, the judge order the appointment of a temporary guardian, if they determine her condition — resulting from an accident or medical condition — puts at risk her safety, well-being, dignity or patrimony. You can file it as a person interested in her well-being, without a prior complaint.
Must I be a relative to request the order?
No. Article 9 allows it to be filed by the older adult themselves, their legal representative, a law enforcement officer, their legal guardian, a public official, or any private person interested in their well-being.
How long does the temporary guardianship last?
Act 87-2026 does not say, and we do not invent it. The article names it as a temporary guardianship under Article 140(d) of the Civil Code, and we did not read that chapter of the Code. Ask at the court or with a lawyer.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
August 27, 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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Protecting an older adult in Puerto Rico: protection order, support and criminal complaint
The three Ley 121-2019 remedies, who can seek them — anyone with an interest — and why breaching the order is a felony.
Complaint over an older adult’s rights (OPPEA)
The Office can order corrective action, investigate on its own initiative and inspect. And there is an Ombudsman for care homes.
Financial exploitation of older adults: the law’s 26 indicators
Act 76-2020 lists twenty-six signs of financial exploitation and clarifies that no police complaint is needed to seek a protection order.
Protection order for a person with a disability
Since Act 104-2026 there is a dedicated protection order against abuse, neglect or financial exploitation. No prior police complaint is required.