Learning - Guardianship

Guardianship

There are vulnerable individuals such as minors and persons without mental capacity who need care and concern. Some individuals like minors require care and concern until they become adults. Some other individuals like persons born without mental capacity require care and concern for all of their lives.

The overriding spirit of guardianship is always that the welfare of the minor or the mentally incapacitated person is of paramount consideration, and this guides the court in its discretion when deciding on guardianship matters.

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Appointment by the court

In the event where both parents are deceased, a family member could be appointed guardian of the child by the High Court. That family member must satisfy the court’s requirement that the child’s welfare is best served by doing so.

 

Appointment by parents under Will or Deed

The more common method of appointment of a guardian is by way of Will or Deed (called a testamentary guardian). In their respective Wills, the father or mother of the child can appoint a person to be testamentary guardian to care for the child if the said parent passes away while the child is under the age of 21.

 

Both the mother and father are able to name the same person to be the guardian under their respective Will. Alternatively, the mother and father are able to name a different person in each of their Wills. However, it is recommended that the two people that they are choosing are able to work together to jointly care for the children, assuming that both parents have passed away. 

A temporary guardian is someone who lives in Singapore and can care for the children while the testamentary guardian is making his way to Singapore.

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