FAMILY COURT OF FIRST INSTANCE OF THE DEPARTMENT OF

GUATEMALA.

XXXX, xxx years old, married, Guatemalan, Housewife, of this address, I

identify myself with the personal identification document –DPI- with unique

identification code –CUI- number (xxxx), issued by the National Registry of

the People of the Republic of Guatemala; I respectfully appear before you

and;

I EXPOSE:

I. OF PROFESSIONAL ASSISTANCE AND DIRECTION: I act under

the assistance, direction and representation of the lawyer Víctor

Manuel Aguilar Morales;

II. PLACE TO RECEIVE NOTIFICATIONS: I indicate as a place to

receive notifications the office of the professional who helps me,

located at eighth street, six dash zero six, Elma Building, fifth level,

Office number five hundred three of zone one of this City of

Guatemala; as well as the electronic mailbox number: VA00003078 and

the following telephone numbers: 42906867 and 53023803;

III. PURPOSE OF MY APPEARANCE: In my capacity as mother of my

daughter xxxxx, I respectfully appear to promote VOLUNTARY

DILIGENCES FOR DECLARATION OF INCAPACITY OR STATE OF

INTERDICTION, in accordance with the following:

FACTS:

1. I appear as the mother of my daughter named XXXXX, who was born in

the municipality of xxxx, department of xxxx, on the xxx day of xxx

of one thousand xxxxx; birth that was registered under item number
 xxx (xxx), folio xxx (xxx), of the book xxxx (xxxx) of births of the

Civil Registry of the municipality of xxxx, department of xxxx, dated

xxxxx;

2. It turns out, Mr. Judge, that my daughter, already named, suffers

from xxxxx, in accordance with the certificate of the treating

physician, Dr. xxxx, who has treated my daughter medically since the

year xxxx; This circumstance has not allowed my daughter, xxxxx, to

fend for herself;

3. Due to the above, Honorable Judge, it is urgent that a declaration of

incapacity be made, since my daughter, as a special person, requires a

lot of personalized care and attention due to her psychological

condition; Therefore, by this act I appear to present these voluntary

proceedings for a declaration of incapacity or interdiction in favor of

xxxx and for this purpose I am judicially appointed as GUARDIAN.

LEGAL BASIS:

Article 9 of the Civil Code establishes. “Adults who suffer from mental

illnesses that deprive them of discernment must be declared in a state of

interdiction…” Article 12 of the same legal body states: “Interdiction can be

requested indistinctly by the Public Ministry, the relatives of the

incapacitated person… ... "Article 401 of the Civil and Commercial Procedure

Code establishes: "Voluntary jurisdiction includes all acts in which, by

provision of the law or by request of the interested parties, the intervention

of the Judge is required, ......" Article 406 of the body The aforementioned

legal law establishes: “The declaration of interdiction proceeds due to mental

illness, congenital or acquired,….”

 MEANS OF EVIDENCE:

REQUESTS:

PROCESSING:

A. That this memorial and attached documents be accepted for

processing and that the respective file be formed;

B. Take note of the professional who helps me, as well as the place

indicated to receive notifications and the indicated electronic mailbox;

C. That the means of proof individualized in the respective section are

considered offered;

D. The present voluntary proceedings for declaration of incapacity or

state of interdiction of xxxxx are admitted for processing;

E. The social worker assigned to that Court is ordered to carry out the

socio-economic study in accordance with the law and issue the report

that corresponds by law;

F. A hearing is granted to the National Attorney's Office so that it can

rule on these voluntary proceedings for the declaration of incapacity

and issue the corresponding opinion.

BACKGROUND:

I. That once the respective procedure has been completed, the

present voluntary proceedings for the declaration of incapacity of

xxxxx be issued IN PLACE and as a consequence, Mrs. xxxxx be

appointed as guardian, to be able to take care of personal care, as

well as the administration of their assets and the protection of

their rights, in accordance with the provisions of the Guatemalan

Civil Code.
CITATION OF LAWS: The aforementioned articles and: 1, 12, 28, 29,

44 and 53 of the Political Constitution of the Republic of Guatemala;

8,9,10,11,12,13 and 14 of the Civil Code and articles 401 to 410 of the

Civil and Commercial Procedure Code.

I attach three copies of this memorial and attached documents.