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How Do You Become a Legal Guardian of a Child?

Author : Noble Wills | Published On : 07 Feb 2024

A legal guardian in Singapore is a person who takes care of a minor or child. So, if you want to become one, there are some things that you need to keep in mind. The court can give you Guardianship only if you’ve adopted a child or someone named you in their will as a testamentary/appointed guardian in a legal will in Singapore.

The guardian can be natural or appointed. The natural guardian is the person who has a biological relationship with the minor, while the appointed guardian is the one who looks over the minor in the absence of a natural guardian.

The appointed or testamentary Guardianship can be temporary or permanent, and you don’t certainly need to have any blood relation with the child. For that, you should be living in Singapore and have a stable profile financially and emotionally.

Section 7 of the Guardianship of Infants Act (GIA)

Individuals appointed as legal guardians in Singapore under the testamentary provisions of the GIA must be aware of the joint action dynamics, potential objections by surviving parents, and the possibility of court intervention to ensure the welfare of the infant. Here are some facts that you need to know.

  • The father of an infant has the authority, either through a deed or a will, to appoint a person as the guardian of the infant after his death (Subsection 7(1)).
  • Similarly, the mother of an infant possesses the right to appoint a guardian for the infant after her death, utilizing either a deed or a will (Subsection 7(2)).
  • Any guardian appointed through this process is expected to act jointly with the surviving mother or father as long as the surviving parent is alive. However, this joint action can be subject to objection by the surviving parent (Subsection 7(3)).
  • If the surviving parent objects to the joint action or if the appointed guardian believes the surviving parent is unfit for custody, the guardian can apply to the court for resolution.
  • The court has the authority to make various orders, including joint Guardianship, sole Guardianship, custody arrangements, and even financial contributions toward the maintenance of the infant (Subsection 7(4)).
  • In situations where both parents appoint guardians, the appointed guardians are required to act jointly after the death of the surviving parent (Subsection 7(5)).
  • If a guardian is appointed by the court to act jointly with a surviving parent, that guardian continues to fulfill the role after the death of the surviving parent.
  • If the surviving parent has also appointed a guardian, the court-appointed guardian and the one appointed by the surviving parent will act jointly (Subsection 7(6)).

Conclusion

I hope this blog is helpful to you. In the end, I will suggest you consult with a lawyer or a reputed will writing service like NobleWills for permanent and temporary Guardianship in Singapore. So, if your friend or relative is hiring you as a legal guardian, make sure that they have a legally valid will. You can suggest NobleWills draft a well-reviewed lawyer at affordable rates. For more knowledge on this topic, stay connected with us.