Guide to Legal Guardianship in Singapore

Why appoint a guardian?

If you and your spouse pass away while your child is still a minor, someone will have to step in to take care of the child. The best way to ensure that a person you choose is caring for your children is to appoint a guardian in your will.

Without an established guardian, it will take time to find a suitable person. If a suitable next of kin is not identified by the courts, the state may take the child into its own custody. Your children could be placed in a home for vulnerable children — hardly a desirable outcome for most parents.

Legal guardianship in your will

In your will, you can legally appoint a guardian to care for your children in your absence. When the will is carried out, the guardian is given custody over your child, enabling them to make important decisions concerning health, education, values, and general upbringing.

If you have provided the guardian with assets for your children, they will also be responsible for managing those assets in your children's best interests.

How to choose a guardian

You can legally appoint anyone above 21 years of age, according to Section 7 of the Guardianship of Infants Act. A good choice is a family member (other than your spouse) or a close family friend. Consider:

• How well do your children know them and how comfortable are they?
• Can they be trusted to act in the best interests of your child?
• Do they have the financial resources to take care of your child?
• Do they have experience raising children?
• Do their values match those you hope to instil in your child?

Once you've chosen someone, inform them so you have their consent and they can act immediately should the need arise. It is also common practice to appoint a temporary guardian, in case your chosen guardian lives abroad.

How does a guardian gain custody?

By appointing a guardian in your will, you establish preliminary legal guardianship. Unless the courts determine the child is in danger, the child will remain in the custody of that guardian. At any time, a court may ask your guardian to show evidence of their capacity to care for the child.

Your guardian will need to apply under the Guardianship of Infants Act for a court order from the Family Justice Court in order to travel overseas with the child.

What if my guardian lives overseas?

If your chosen guardian is not resident in Singapore, you should establish a temporary guardian for interim care. Any overseas guardian will need to apply for a court order to grant guardianship, and a number of factors including the best interests of the child will be used to determine eligibility.

Guardianship does not automatically guarantee residency or citizenship in the guardian's country of residence — it simply permits the child to exit the country with the guardian.

Frequently asked questions

Do guardians get paid?

Guardians are not paid unless explicitly stated in the will. However, the cost of caring for your child can be covered by assets set aside for this purpose.

Do guardians need to hire a lawyer?

If they need assistance obtaining a grant of permanent legal guardianship, your guardian may want to hire a lawyer. You can provide for this expense in your will.

What if the other parent survives me?

Under Singapore law, if the other parent consents, both the guardian named in your will and the surviving parent can become joint guardians and make decisions about your child's care together.