Appointing a Guardian: Guardianship of Infants Act Singapore

As a parent, a constant source of worry would be what would happen to our children if we pass on unexpectedly. Wouldn’t you be more comforted knowing that there’s a way to plan for such situations? If the unexpected occurs, at least your children will be cared for, bringing peace of mind.

Well, this worry can be alleviated if you appoint a testamentary guardian for your children in your Will.

In Singapore, two types of guardianship exist: a natural guardian, or a testamentary guardian. Natural guardians (i.e. parents) have legal responsibilities for their child’s welfare, care, education, and healthcare decisions. Conversely, testamentary guardians are appointed in Wills to care for minor children if both parents pass away.

What is a Testamentary Guardian?

A testamentary guardian is someone you appoint in your Will to care for your children upon your passing, and will take over the role of a parent to your children. They will be in charge of your child’s welfare and your child’s upbringing.

• If there is a testamentary guardian appointed,

  The testamentary guardian will take over the role of the parent.

• If there is no testamentary guardian appointed,

  The child will be placed with the state until a suitable guardian is found. This means that your child may have to undergo a stint in foster care immediately after losing his or her parents. Let’s not put our children through that.

Therefore, the appointment of a guardian becomes vital to ensure that your child’s welfare and needs, both basic and emotional, are taken care of by a trusted individual in the event of your passing.

Additionally, the appointed guardian plays a crucial role in overseeing the child’s upbringing according to the values and wishes of the child’s parents. As the child’s legal guardian, they assume responsibility for making important decisions regarding the child’s well-being, education, and overall development, ensuring continuity and stability in their upbringing even in the absence of their parents.

It’s essential to highlight that in the event when one of the child’s parents have passed away, regardless of any guardianship arrangements made by the deceased parent, the surviving parent automatically becomes the sole guardian unless a testamentary guardian has been appointed.

Responsibilities and Duties of a Testamentary Guardian

The appointed legal guardian of the child would generally be in charge of decisions affecting the welfare of your child. This includes caring for their day-to-day needs as well as their educational and emotional needs.

A common worry when appointing a guardian is whether the assets left to your child will be misused by the guardian.

The Guardianship of Infants Act in Singapore serves to safeguard the interests of minors by outlining specific rules and regulations for appointed guardians. One key provision is that the guardian is prohibited from making any decisions regarding the child’s property without obtaining prior consent from the court. For instance, if a parent leaves a condominium unit to their child in a Will or deed, the guardian would need to seek approval from the court before leasing out the property. Even if a court order is applied for, the court’s primary consideration is the welfare of your child when deciding whether to grant the order ¹. This legal requirement ensures that any actions taken concerning the child’s assets are in their best interest and adhere to the law. By seeking court approval, the legal guardian of a child is held accountable for their decisions and obligated to prioritise the welfare and rights of the minor.

As the legal guardian of a child, it is their duty to make decisions concerning the child’s upbringing, and act in the best interest of the child, including decisions regarding their property, in the absence of the child’s deceased parents.

What is joint Guardianship?

Appointing a joint guardian for your child is possible in Singapore. A joint guardianship arrangement involves naming two individuals to act as co-guardians responsible for the welfare and decisions concerning your child. This setup can provide added support and ensure that responsibilities are shared in caring for your child’s needs, both emotionally and financially. It also serves as a safeguard against any potential misuse of the child’s assets. However, it is crucial to carefully select trustworthy individuals who can work together effectively to prioritise your child’s well-being and best interests.

Can an appointed Guardian act jointly with my surviving spouse?

In Singapore, a guardian appointed to care for a child typically acts jointly with the surviving spouse of the deceased parent ². This means that both the surviving spouse and the appointed joint guardian will work together to make decisions regarding the child’s welfare, upbringing, and property matters. Having a joint guardianship arrangement can provide additional support and ensure that important decisions are made collectively in the best interest of the child. It allows for shared responsibilities and collaboration between the individuals involved in caring for the child.

If there is a dispute between the different guardians, the court will consider the welfare of the child and make the final decision ³. Alternatively, if no joint guardian was appointed or the appointed joint guardian is unable to fulfil their duties, the surviving parent becomes the sole guardian.

Who should I appoint as a Testamentary Guardian?

Having read the above, we’re sure you have an idea of the kind of person you’d entrust your child to. Just bear in mind that the appointed guardian of the child should be above the age of 21, ideally a person whom your spouse and children trusts, and would have the best interest of your child at heart.

This person should also be capable of fulfilling the legal responsibility of caring for the child until he or she reaches the age of 21, so the age of the guardian you intend to appoint should also be taken into consideration.

In the event of a parent’s death, it is important to carefully consider and choose the right person, a responsible and trustworthy family member or a close friend, to appoint as a testamentary guardian for your children.

How do I appoint a Testamentary Guardian?

Now that you know what the duties of a guardian are, you probably kind of have someone in mind who you think will be the most suitable.

The next question you should ask yourself is: “How do I appoint a Testamentary Guardian for my children?”

The answer is clear cut and simple: “You can appoint a testamentary guardian with a Will!”

This is where WillCraft has got you covered! WillCraft offers comprehensive Will drafting services starting from just S$99. By drafting your Will with us, you will be able to include an unlimited number of beneficiaries and appoint a Testamentary Guardian to safeguard your children’s future. Additionally, our user-friendly platform allows you to fully customise your options, including choosing to have the appointed Testamentary Guardian act jointly with your spouse for that extra peace of mind.

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Frequently Asked Questions

Can a non-relative be appointed as a Testamentary Guardian?

Yes, the Court can appoint non-relatives as testamentary guardians in Singapore if they are deemed suitable and capable of providing proper care and support to the child. The court's primary consideration is the best interests of the child, regardless of the relationship between the guardian and the child.

What happens if no Guardian is appointed?

If there is no legal guardianship appointed for a child in a situation where both parents have died, the court will intervene and select a guardian under the Guardianship of Infants Act. This ensures that the child's welfare is protected and that they are placed in the care of a responsible individual or institution, such as a foster care arrangement. Whereas in a situation whereby there is a surviving parent, then the parent becomes the sole guardian of the child.

How to change or remove a Testamentary Guardian?

To change or remove a guardian, you will need to seek the court's permission and provide valid reasons for the change. It is advisable to seek legal advice and consult with the family court to understand the legal procedures and requirements involved.

How many Testamentary Guardians can you appoint in a Will?

There is no limit to the number of testamentary guardians you can appoint in a Will. You can choose as many testamentary guardians as you see fit to ensure that your children are cared for according to your wishes. However, it may be illogical to appoint so many guardians simply due to logistic issues. For example, if you appoint 10 guardians - in the event of your passing, you will need all 10 of the guardians to be in agreement of which school the child should attend. It's important to carefully consider who you select as testamentary guardians and to discuss your decision with them beforehand.

Can a Testamentary Guardian appoint another Guardian?

No, a testamentary guardian cannot appoint another guardian. The appointment of a testamentary guardian is typically specified in a Will and is subject to legal requirements. Once appointed, the testamentary guardian assumes responsibility for making decisions on behalf of the minor child as outlined in the Will and cannot delegate this authority to another person without proper legal authorisation.