In Singapore, a guardian is a person who is legally responsible for the care and well-being of a minor child. Guardianship can be granted by a court order or through a will.
Who is Eligible to Be a Guardian?
Guardianship can be granted to any person who is over the age of 21, has the capacity to make decisions, and is not disqualified from being a guardian.
Who are Disqualified From Being a Guardian?
The following persons are disqualified from being a guardian:
- Persons convicted of a crime involving violence against a child or vulnerable adult
- Persons convicted of a sexual offense
- Persons who have been found to be unfit to be a guardian by a court
- Persons who are bankrupt or have been discharged from bankruptcy within the last 5 years
Who are Preferred as Guardians?
When appointing a guardian, the court will give preference to the following persons:
- The child’s parents
- The child’s grandparents
- The child’s siblings
- The child’s aunts or uncles
- Other relatives of the child
- Friends of the child’s parents
- Social welfare organizations
What are the Duties of a Guardian?
The duties of a guardian include:
- Providing for the child’s basic needs, such as food, clothing, and shelter
- Making decisions about the child’s education, healthcare, and upbringing
- Protecting the child from harm
- Representing the child in legal proceedings
What are the Powers of a Guardian?
Guardians have the legal authority to make decisions on behalf of the child. These powers include:
- The power to consent to medical treatment
- The power to enroll the child in school
- The power to discipline the child
- The power to represent the child in court
How to Become a Guardian
To become a guardian, you must file a petition with the Family Court. The petition must include the following information:
- The child’s name and date of birth
- The petitioner’s name and relationship to the child
- The reasons why the petitioner is seeking guardianship
- The petitioner’s qualifications to be a guardian
The court will hold a hearing to determine whether to grant guardianship. At the hearing, the court will consider the following factors:
- The best interests of the child
- The petitioner’s ability to provide for the child’s needs
- The petitioner’s relationship with the child
- Any other relevant factors
Conclusion
Guardianship is a serious responsibility. If you are considering becoming a guardian, it is important to understand the duties and powers that come with the role.
