Article
Guardianship
Guardian Vs Trustee
A guardian has broad authority to make personal and welfare decisions on behalf of a dependent, including matters related to education, medical treatment, hospitalisation, living arrangements, social activities, and nutrition. In contrast, a trustee is appointed to manage the individual’s financial and business affairs.
In some cases, a parent caring for a minor may be appropriate for the same person to serve as both guardian and trustee. Regardless of their role, both guardians and trustees are legally obligated to act in the best interests of the dependent at all times.
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Who can be a Guardian
Guardianship of Infants Act (Cap 122)
1. 1 Surviving parent (Father/Mother)
2. Testamentary Guardian
3. Guardian Appointed by Court (Guardian ad litem)
Guardian of Minor Children
Guardianship of Infants Act
S6: Rights of surviving parents as to guardianship
(1) On death of the father, the mother, if surviving, shall be the guardian of the infant, either alone or jointly with any guardian appointed by the father. When none, court may appoint to act jointly with the mother.
(2) Vice versa.
S7: Power of father and mother to appoint testamentary guardians.
(1) The father of an infant may by deed or will appoint any person to be guardian of the infant after his death.
(2) Vice versa.
(3) Any guardian so appointed shall act jointly with the mother or father
(4) If the mother or father so objects, or if the guardian considers the mother or father is unfit to have the custody of the infant, the guardian may have to apply to the court.
