In the unfortunate event of one’s passing, what happens to the children that they leave behind? It is important to learn about the measures that one can take to protect their children, in case of an untimely death.
In this article, we will expound on the concept of a testamentary guardian and the importance of having one appointed.
What is a Testamentary Guardian?
In Singapore, the guardian of the child can be any of the following individuals:
- The child’s parents, also referred to as the child’s natural guardians;
- A person who has been appointed as the child’s guardian by virtue of Section 5 of the Guardianship of Infants Act 1934 (“GIA”); or
- A person who has been made a testamentary guardian.
A testamentary guardian is an individual who has custodial rights and is able to make important decisions for the child. The testamentary guardian’s appointment as the child’s custodian will only take effect when the parent or parents of the child (who appointed the testamentary guardian) are deceased.
Effectively, a testamentary guardian will take on the role of the child’s parent, if or when they are no longer around.
Appointment of a Testamentary Guardian
The methods by which one can appoint a testamentary guardian are stipulated in sections 7(1) and (2) of the GIA, which provide that:
The father or mother of the infant may by deed or will appoint any person to be guardian of the infant after his or her death.
- If the father and mother individually appoint different testamentary guardians and either parent passes, the respective testamentary guardian will act jointly with the surviving parent.
- Thereafter, upon the passing of the surviving parent, the other appointed testamentary guardian will act jointly with the initially appointed testamentary guardian.
Notably, a testamentary guardian does not have to be a relative of the child. This is important as it allows either parent to appoint a trusted family friend, thereby preventing issues where the parent does not have any surviving family members.
Why Do I Need a Testamentary Guardian?
Needless to say, every parent would wish to ensure that their child receives proper care and protection. In that respect, the appointment of a testamentary guardian is essential to ensure that your child is properly looked after, in the event of your passing.
Appointing a testamentary guardian will not only benefit your child in the event of your death, but your surviving spouse as well. Your appointed testamentary guardian will be able to assist your spouse in making important decisions for your child, allowing your spouse to adapt and adjust to the challenging situation.
Pertinently, where a testamentary guardian is not appointed and your spouse has passed away before you, and if no other person (even aside from family members) applies to be the child’s guardian, your minor child will not have any proper care arrangements. In such circumstances, your child will be placed in a Home in accordance with the Children and Young Persons Act.
Thus, to avoid this unideal situation, it is strongly recommended that you appoint a testamentary guardian. This helps you ensure that even in your absence, your child will grow up in an entrusted environment of your choice.
Engaging a Testamentary Guardianship Lawyer
Given the importance for you to take pre-emptive measures and protect your children, it is key to seek an experienced Lawyer who has considerable experience in handling testamentary guardianship matters. An experienced Testamentary Guardianship Lawyer would be well-positioned to provide assistance to either or both Parties.
