Life can be unpredictable; sometimes, a child or vulnerable adult needs someone to step in and make important decisions. If you’re wondering how to apply to be a legal guardian, the process involves legal steps to ensure the person in need is properly cared for. Understanding the legal guardian application process is essential, whether it’s for a relative or someone else who requires support.
In this guide, we’ll explain everything you need to know about applying to be someone’s legal guardian, including who can apply, the requirements, and what to expect during the process.
What Is Legal Guardianship?
Legal guardianship is a legal arrangement where a person is appointed by the Court to take care of another individual who cannot manage their own affairs. This usually applies to minors who have lost their parents or adults who are unable to make decisions due to physical or mental incapacity.
A legal guardian is given the authority to act in the best interests of the individual under their care, making decisions about their daily welfare, healthcare, education, and financial matters. Guardianship ensures that the person in need is properly cared for and protected, especially when their immediate family is unable to do so.
There are two common types of legal guardianship:
- Guardianship of a minor – This is when a guardian is appointed to take responsibility for a child’s well-being, education, and financial matters.
- Guardianship of an adult – This applies when an adult with special needs or medical conditions requires assistance with decision-making.
Who Can Apply To Be A Legal Guardian?
Not everyone can be a legal guardian. The Court assesses applicants based on factors such as:
- Relationship to the individual – Preference is given to close relatives or those with a strong connection to the person in need.
- Financial stability – The applicant must be financially capable of providing proper care.
- Good character – A background check ensures the guardian has no criminal history or conflicts of interest.
- Willingness and ability to provide care – The Court prioritises individuals who are committed to the role.
How To Apply To Be A Legal Guardian In Singapore?
Applying for legal guardianship in Singapore involves a structured legal process, as the Court must ensure that the applicant is suitable and capable of fulfilling the responsibilities of a guardian. Here’s a step-by-step breakdown of how to apply:
Step 1: Determine The Type Of Guardianship Required
Before starting the application, it is important to establish whether you are applying for guardianship over a minor or an adult. Each has different legal considerations, so identifying the correct category ensures that the application process goes smoothly.
Step 2: Prepare The Necessary Documents
To support the legal guardian application, the applicant must gather essential documents, including:
- The birth certificate of the person requiring guardianship.
- Any existing Court orders related to the child or individual.
- Death certificate of parents (if applicable).
- Proof of financial capability.
- Medical reports (for cases involving adults with disabilities or special needs).
- Any other documents that support the applicant’s ability to act as a guardian.
Step 3: File The Application With The Court
The next step is submitting the legal guardian application to the Family Justice Courts. This includes providing the completed forms, supporting documents, and a sworn statement explaining why guardianship is necessary. A filing fee will also apply.
Step 4: Attend The Court Hearing
After the application is submitted, the Court will schedule a hearing. During the hearing, the judge will review the case and assess whether the applicant is suitable to take on guardianship responsibilities. If the application is uncontested, the process may be straightforward. However, additional hearings may be required before a decision is made if there are objections or disputes.
Step 5: Receive The Guardianship Order
If the individual’s circumstances significantly change—such as relocation, changes in financial status, or medical emergencies—the guardian may need to inform the Court to ensure legal compliance.
What Happens After You Are Appointed As A Legal Guardian?
Once the Court grants the guardianship order, the appointed guardian assumes full legal responsibility for the well-being of the individual under their care. This includes:
1. Ensuring The Person’s Daily Welfare
The guardian must provide for minors’ education, healthcare, and daily needs and ensure a safe living environment and access to necessary medical care for adults with special needs.
2. Managing Financial Matters
If the guardianship includes financial authority, the guardian is responsible for managing assets, paying bills, and ensuring the individual’s funds are used appropriately. The Court may require periodic reports on financial decisions to ensure transparency.
3. Making Healthcare Decisions
A guardian may be required to make medical decisions on behalf of the person under their care, ensuring they receive the best possible treatment. This includes consenting to medical procedures and coordinating with healthcare providers.
4. Acting In The Best Interests Of The Individual
As a legal guardian, every decision must prioritise the welfare of the individual. The Court may intervene if there is any indication of negligence or misuse of authority.
5. Updating The Court On Any Major Changes
If there are significant changes in the individual’s circumstances—such as relocation, changes in financial status, or medical emergencies—the guardian may need to inform the Court to ensure legal compliance.
Conclusion About Legal Guardian Application In Singapore
Applying for legal guardianship can be a complex process, but with the right guidance, it becomes manageable. If you need expert legal support, Tembusu Law has some of the best Divorce and family lawyers in Singapore to guide you through the process smoothly.
Contact us today to ensure your application is handled professionally and efficiently.
Frequently Asked Questions About Legal Guardian Application In Singapore
How Long Does The Legal Guardian Application Process Take?
The process varies depending on the complexity of the case. On average, it can take a few months, especially if additional Court hearings are needed.
Can A Legal Guardian Be Removed?
Yes, if the guardian fails to fulfil their duties or is found unfit, the Court can revoke their guardianship and appoint a new guardian.
Do I Need A Lawyer To Apply For Guardianship?
While it is possible to apply without legal representation, having a lawyer ensures the process is handled correctly and increases the chances of a successful application.
What Are The Responsibilities Of A Legal Guardian?
A guardian is responsible for a person’s well-being, financial management, medical decisions, and overall welfare, ensuring proper care.
Is There A Difference Between Guardianship And Adoption?
Yes. Guardianship grants an individual the right to make legal decisions, but adoption permanently transfers parental rights.
