legal Free Legal Advice

[M16A2]

What document/s do I need to request from a person who claims that the latter is the legal guardian of a minor or incompetent? Also what document/s do I need in order for me to be convinced that the purported incompetent is really incompetent?

[rocco69]

What document/s do I need to request from a person who claims that the latter is the legal guardian of a minor or incompetent? Also what document/s do I need in order for me to be convinced that the purported incompetent is really incompetent?

 

For a minor, the parents are the legal guardian (no need for any document). However, if the person claiming to be the legal guardian is not the parent, he should be appointed by the court. The document you will need is the court order appointing him as such. (Note: depende rin kasi kung para saan yung hinihingi mong ebidensya. As a general rule kasi, kailangan yung court appointment pag may properties involved, more especially if the market value of the property is greater than P50,000.00)

 

As for the purported incompetent, there should also be a court order declaring said person to be incompetent, the rule being that all persons are presumed sane and competent to take care of themselves.

[_Pabling]

_Pabling, thanks for the Win Vista link.

guys, if I have a Win Vista as my OS and later on it proved to have many loopholes, can I overwrite it is XP Media? what are the ramifications?

 

me nasilip akong instructions: pwede mong gawin to kung nag upgrade ka tas nde mo finormat yung HDD.

 

Revert Using WINDOWS.OLD

To revert back to the previous OS when WINDOWS.OLD does exit, use the following steps:

 

Check if you have enough disk space to install the new desired OS.

Boot into Windows Recovery Environment (WinRE) using the Windows Vista media and open a command prompt. To do this, follow these steps:

Insert the Windows Vista media in the computer's DVD/CD-ROM drive and then restart the computer.

 

When the "Press any key to boot from CD" message is displayed on the screen, press a key.

Select the System Recovery Options.

Select the Command Prompt.

Rename the following folders:

Windows

Program Files

 

Assuming that Windows Vista is installed on the c: volume, type the following lines, pressing after you type each line:

C:

ren Windows Windows.vista

ren "Program Files" "Program Files.Vista"

 

Remove the "Documents and Settings" junction. The folder should be empty if Window Vista was a clean installation. Assuming that Windows Vista is installed on the c: volume, type rd "Document and Settings" and press .

 

IMPORTANT: If you receive the error message "The directory is not empty," the folder is not a junction and it contains data. Take the necessary precautions to back up the data as needed by making a copy of this directory to another drive on the computer. Alternatively, you can rename the folder using the ren command.

 

Copy the content of the WINDOWS.OLD folder to the root:

 

Xcopy c:\WINDOWS.OLD\*.* c:\ /s /h

 

Restore the boot sector for the legacy OS. Assuming that e: is the ROM drive and c: is the system partition (the partition containing the BCD and BootMGR files), type E:\boot\bootsect /nt52 c: and press after you type the line.

 

Close the command prompt window and click Restart.

 

HTH

[M16A2]

For a minor, the parents are the legal guardian (no need for any document). However, if the person claiming to be the legal guardian is not the parent, he should be appointed by the court. The document you will need is the court order appointing him as such. (Note: depende rin kasi kung para saan yung hinihingi mong ebidensya. As a general rule kasi, kailangan yung court appointment pag may properties involved, more especially if the market value of the property is greater than P50,000.00)

 

As for the purported incompetent, there should also be a court order declaring said person to be incompetent, the rule being that all persons are presumed sane and competent to take care of themselves.

 

I work in a bank, and sometimes people come to me requesting to open an ITF account and claim they are the legal guardian of the child or children. BTW, I am a very cautious person. What if they only wish to open a bank account, is it still essential to ask for a court order?

[jedimaster]

ssirn2000, Screwtape, _Pabling, saludo ako sa inyo! keep it up sirs!

[wEbStAr]

Unfortunately, for mistakes in a birth certificate referring to gender, the law requires that this be corrected only by filing a petition with the Regional Trial Court of the place where birth certificate is registered, i.e. in the RTC of the place where you were born.

 

No choice ka dito. You have to hire a lawyer to file the petition, etc.

 

Thank you sir!!!

[dede]

ssirn2000, Screwtape, _Pabling, saludo ako sa inyo! keep it up sirs!

hi.. jedimaster? the jedimaster i know?

 

Anyways, i got Vista Business here in my office. I played with it last friday and it was quite neat. Of course didnt have the chance to really dig into it. But I am really not comfortable with Office 2007, the way they modified the toolbars. No more ALT F,E,V, etc.

[The Designer]

hi.. jedimaster? the jedimaster i know?

 

Anyways, i got Vista Business here in my office. I played with it last friday and it was quite neat. Of course didnt have the chance to really dig into it. But I am really not comfortable with Office 2007, the way they modified the toolbars. No more ALT F,E,V, etc.

 

Just keep on using it to familiarize yourself and in due time you'll be able to use it smoothly, as you said, they modified the look and feel of it :cool:

[rocco69]

I work in a bank, and sometimes people come to me requesting to open an ITF account and claim they are the legal guardian of the child or children. BTW, I am a very cautious person. What if they only wish to open a bank account, is it still essential to ask for a court order?

 

Sorry... but what is an ITF account and how is it significant, i.e. how does it differ from an ordinary account?

 

Off-hand though, I would say a court order would be necessary if an alleged guardian is trying to claim the amounts contained in an account of a dead person, on the claim that the said account has been inherited by the minor.

 

However, if he is just opening an account on behalf of a minor, and depositing money in it, a court order would be unnecessary, as his identity would be the only important consideration and the requirement of several primary IDs would already identify him.

 

Anyway, he is DEPOSITING money, not claiming the money of someone else. If someone else deposits money in the account, it should now be the lookout of this person/s to verify whether or not the person acting as a legal guardian is really the guardian.

[M16A2]

Sorry... but what is an ITF account and how is it significant, i.e. how does it differ from an ordinary account?

 

Off-hand though, I would say a court order would be necessary if an alleged guardian is trying to claim the amounts contained in an account of a dead person, on the claim that the said account has been inherited by the minor.

 

However, if he is just opening an account on behalf of a minor, and depositing money in it, a court order would be unnecessary, as his identity would be the only important consideration and the requirement of several primary IDs would already identify him.

 

Anyway, he is DEPOSITING money, not claiming the money of someone else. If someone else deposits money in the account, it should now be the lookout of this person/s to verify whether or not the person acting as a legal guardian is really the guardian.

 

ITF is short for "IN TRUST FOR" account. Normally people who wants to open a term or demand deposit but has not attained legal capacity, incompetent, physically incapacitated, and among others are opened in this manner. The account would be under the name of the what ive enumerated but it is entrusted to a parent or legal guardian.

 

How about if the purported legal guardian wants to open an ITF account intended for the remittance of a monthly SSS pension that will be received by minors due from the death of their parents. Would I need a court order?

 

BTW, on what grounds can I reject a SPA? A while ago a person approached me and showed a SPA that appears to be duly aunthenticated by our consul in the US. The same purportedly authorizes the said person to withdraw funds from the account of our client. However, the SPA was thumbmarked as the owner of the account is allegedly bed ridden. We didnt allowed the withdrawal to be effected since we have no way to auntenthicate the thumbmark affixed on the document. If it had been a signature which what it is normally affixed in a SPA, ok sana. Tama ba kami on that point?

 

What other grounds can we use to reject a SPA? How about if the powers conferred to the attorney-in-fact is very general or ambiguous? (e.g. to withdraw, collect, deposit from my account) Wala manlang indication ng bank, branch, account number,etc.

[janelle]

I work in a bank, and sometimes people come to me requesting to open an ITF account and claim they are the legal guardian of the child or children. BTW, I am a very cautious person. What if they only wish to open a bank account, is it still essential to ask for a court order?

 

 

If your bank has an SOP written in B&W, just follow it, STRICTLY. That way, its the bank that will be held liable should a legal problem arise in the future.

[Dr_PepPeR]

can anyone tell me what to do?

 

ung ginawa ng mom ko na birthcertificate with my step dad as my father ay di po pala na register and yon ang ginamit ko til nag asawa ako, nung kumuha ako ng authenticated na birth certificate ko from NSO ung sa real father ko pala ang nandun. please help!

 

Would it be a problem if you start using the details on your authenticated birth certificate from now on?

[Dr_PepPeR]

ITF is short for "IN TRUST FOR" account. Normally people who wants to open a term or demand deposit but has not attained legal capacity, incompetent, physically incapacitated, and among others are opened in this manner. The account would be under the name of the what ive enumerated but it is entrusted to a parent or legal guardian.

 

How about if the purported legal guardian wants to open an ITF account intended for the remittance of a monthly SSS pension that will be received by minors due from the death of their parents. Would I need a court order?

 

BTW, on what grounds can I reject a SPA? A while ago a person approached me and showed a SPA that appears to be duly aunthenticated by our consul in the US. The same purportedly authorizes the said person to withdraw funds from the account of our client. However, the SPA was thumbmarked as the owner of the account is allegedly bed ridden. We didnt allowed the withdrawal to be effected since we have no way to auntenthicate the thumbmark affixed on the document. If it had been a signature which what it is normally affixed in a SPA, ok sana. Tama ba kami on that point?

 

What other grounds can we use to reject a SPA? How about if the powers conferred to the attorney-in-fact is very general or ambiguous? (e.g. to withdraw, collect, deposit from my account) Wala manlang indication ng bank, branch, account number,etc.

 

With the current AMLA mentality of the BSP, I would strongly advise limiting ITF accounts to those opened for minors by their parents. If a person claims to be a legal guardian, you will need a court order appointing that person to be the legal guardian. This may be extreme, I know, but the purported legal guardian as signatory to the account will have full power of disposition over the funds deposited in the account. The court order will protect you from liability in case other persons start to claim the funds.

 

With respect to an SPA, it is up to the other party, in which case your bank, whether or not to accept it. The law does not require you to accept an SPA and in fact the risk is borne by the party accepting an SPA. So if in doubt, get an opinion from your Legal Department and follow it, again to CYA.

 

As to generality in the powers, if it is couched in general terms, then it is not an SPA. To be on the safe side, I suggest being conservative, that is, it should be very specific, clearly mentions the power to withdraw and sign receipts etc. Again, I recommend getting an opinion from Legal, just for CYA.

[dianne]

Would it be a problem if you start using the details on your authenticated birth certificate from now on?

 

yes it would be a problem, i've been using it as my middle name since i'm using my step dads name b4 i got married.

[Dr_PepPeR]

yes it would be a problem, i've been using it as my middle name since i'm using my step dads name b4 i got married.

 

Assuming that the NSO has authenticated the correct birth certificate, I don't see that you have much of a choice. You will have to use your real father's name in every case that a birth certificate is required from now on. You may still continue to use your step father's middle name for all other purposes but I suggest that you use the one stated in your NSO authenticated Birth Certificate. For any person or institution that questions you, just try to keep an Affidavit executed by two disinterested persons who can vouch for your identity.