Full question:
Last year, I lost both my parents in a car accident. I am still a minor (19 years old) and wish to obtain an emancipation decree from the court. Is it possible for an orphan to obtain the benefits of emancipation under the law prevailing in Puerto Rico?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: National
Answer:
An orphan can obtain emancipation benefits just like any other minor. However, they must meet three conditions outlined in 31 L.P.R.A. § 953.
According to 31 L.P.R.A. § 951, a minor who has lost both parents may receive emancipation through a court decree after a hearing with the prosecuting attorney. The three conditions for granting this concession are:
- The minor must be over eighteen years old and capable of managing their property.
- The minor must consent to the emancipation.
- The emancipation must be considered beneficial for the minor.
Once the court grants emancipation, the minor is regarded as an adult for all legal purposes (31 L.P.R.A. § 955). An orphan minor can file a petition in court to seek emancipation, provided they satisfy the conditions mentioned above.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.