What will happen to the custody of children when parents pass away?
Appointment of a legal guardian in Singapore becomes an issue for parents with children under the age of 21.
Legal guardians in Singapore may be a natural guardian or a testamentary guardian.
If parent A passes away and parent B survives, parent B becomes the natural guardian. Under Section 7 of the Guardianship of Infants Act, parents are entitled to appoint a legal guardian to be testamentary guardian for their children.
Appointing a Legal Guardian in Singapore
In the event of a parent’s death, it is important to ensure that his/ her children receive the care and protection that the parent wishes the children to have. An appointed testamentary guardian can help to ensure that.
A testamentary guardian will step into the parent’s shoes and take care of the children. The custody of children when parents pass away will go to the testamentary guardian. The testamentary guardian will have the power to make decisions on the children’s behalf. If one of the parents survive, he/ she will be joint guardians of the children with the testamentary guardian. (See: Section 6(1) and 6(2) of the Guardianship of Infants Act)
Without the appointment of a testamentary guardian, a parent will not have any say on who has custody of children when parents pass away. In the event that there is no surviving parent and no testamentary guardian in place, the Court will appoint any person it deems fit to be the legal guardian of the child. If no one makes an application, children under the age of 16 will be placed under the care of the MSF who will place the child in a home.
Who Can be Appointed as a Legal Guardian in Singapore?
You can appoint any person who is a resident in Singapore. This person need not be a relative or family member of the child.
If both parents appoint different guardians, the guardians will be appointed jointly.
Who Should You Appoint as a Legal Guardian in Singapore?
You should appoint someone who is willing and capable of being a legal guardian in Singapore. It will also be helpful if the person you have in mind is of similar values and beliefs as you since this person will be tasked with bringing up your children. The guardian appointed should also have a good relationship with the children.
How Do You Appoint a Legal Guardian in Singapore?
This can be done by way of a Will. You should provide the guardian’s full name and identification number in the Will. You may also set limits to the guardian’s powers. For instance, the guardian may only be appointed to manage your children’s properties or their well-being. You may also set a time limit for the guardianship (e.g. until the child turns 20 years old). In the event that the guardianship period ends before the child turns 16, the child may be placed under the care of the MSF.
What if Other Parent Objects to Appointment of Legal Guardian in Singapore?
The legal guardian may apply to the Court and the Court could:
1. Refuse to make an order, leaving the surviving parent as the sole guardian.
2. Order that the guardian is the sole guardian of the child.
3. Order that both the surviving parent and the guardian are to be joint guardians of the child.
Disputes Between Legal Guardians in Singapore
In the event of disputes between legal guardians in Singapore, either guardian may apply to the Court under Section 8 of the Guardianship of Infants Act. The Court may:
1. Make an order on the custody of the children and right of access of the surviving parent.
2. Make an order for the surviving parent to pay maintenance.
3. Vary or discharge any previous order.
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