Guardianship is a legal concept that plays a vital role in ensuring the welfare and protection of minor and individual who are unable to manage their own affairs in Malaysia. Guardianship is governed under Guardianship of Infants Act 1961 which highlights the rights and responsibilities of guardians in Malaysia. In this article, we will delve into the key aspects of guardianship in Malaysia.
What is Guardianship in Malaysia?
Guardianship in Malaysia is a legal relationship established to ensure the protection and well-being of minors and individuals who lack the capacity to make decisions for themselves. It confers authority upon a designated person, referred to as a guardian, to make decisions on behalf of the individual under their care. These decisions encompass a wide range of crucial aspects, including education, healthcare, and general welfare.
Type of Guardianship in Malaysia.
a. Natural Guardians
According to Section 5 of the Guardianship of Infants Act 1961(hereinafter referred to “the Act”), parents are the natural guardians of their children. In cases where both parents are alive and competent, they share equal rights and responsibilities as guardians. This encompasses making decisions concerning the child’s education, healthcare, and overall well-being.
b. Testamentary Guardians
Pursuant to Section 7 of the Act allows parents to appoint testamentary guardians for their children through a valid will. This provision is vital to ensure that if both parents pass away or are unable to fulfill their guardianship duties, the child’s care remains entrusted to individuals chosen by the parents themselves.
c. Court-Appointed Guardians
Section 8A of the Act empowers the court to appoint guardians if circumstances warrant such action. The court’s paramount concern in these cases is the best interests of the child. Court-appointed guardians are tasked with making decisions that prioritize the child’s welfare and safety.
The Role of Guardianship in Managing Children’s Property.
Under Malaysian law, the role of a guardian involves both the personal welfare of the child and the protection and management of the child’s property inter alia as follows:-
i. Custody and Care
The guardians have a duty to provide for the child’s physical, emotional, and psychological needs. This includes ensuring their safety, education, and healthcare. These responsibilities are enshrined in Section 3 of the Act.
ii. Property Management
As per Section 4 of the Act, subject to the rights and powers of any trustee or personal representative (executor / administrator), Guardians may manage the child’s finances, including any inheritances or assets designated for the child’s benefit. They are expected to act prudently and, in the child’s best interests when handling financial matters.
iii. Reporting and Accountability
Guardians are legally obligated to keep accurate records of all transactions related to the child’s property. These records should be available for inspection and audit, demonstrating transparency and accountability in property management.
iv. Investment and Maintenance
Guardians are expected to invest and manage the child’s property prudently, taking into account the child’s present and future needs. The law places an emphasis on acting in the best interests of the child, ensuring that their property is preserved and utilized wisely.
v. Income and Expenditure
Guardians are responsible for managing any income generated from the child’s property, and they must use it for the child’s maintenance, education, and general benefit. Any expenditure made from the child’s property should align with the child’s welfare and best interests.
Conclusion
In summary, guardianship in Malaysia encompasses not only the care and well-being of minors but also the prudent management and protection of their property and assets. Guardians must act in the best interests of the child, ensuring that the child’s property is preserved, invested wisely, and used for the child’s welfare, education, and benefit, as stipulated by relevant laws such as the Guardianship of Infants Act 1961. This dual role of guardianship is designed to safeguard the interests and future of vulnerable individuals in Malaysia while adhering to the principles of justice and accountability as enshrined in the law.
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