GuardianshipJuly 8, 2024by William WongI’m a single, divorced mom. I currently have sole custody of my 5-year-old, and my ex-spouse has weekend visitation rights. In the event of my passing, can I appoint my brother as my child’s legal guardian?


First, allow me to explain the concept of guardianship. Guardianship is a legal concept that plays a vital role in ensuring the welfare and protection of children below 18 and who are unable to manage their own affairs in Malaysia. It is governed by the Guardianship of Infants Act 1961.


Next, let us study the Types of Guardianship in Malaysia:-


Natural Guardians


Section 5 of the Act states that 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.


Testamentary Guardians


Section 7 of the Act allows parents to appoint testamentary guardians for their children through a valid will. This provision ensures 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.


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.


My Response


Considering the Act, appointing your brother as your child’s legal guardian does not exclude the father from his parental rights. Both parents share equal guardianship responsibilities. However, in your will, you can appoint both your brother and your ex-husband as joint guardians for your children. This prevents misuse of inheritance and ensures that major decisions require agreement between both guardians, thereby safeguarding your children’s welfare.

Provide Guardian Allowance for Your Brother


When appointing a guardian, especially if it’s your brother, it’s advisable to include a guardian allowance in your will. Caring for your own children is challenging enough and taking on the responsibility for someone else’s child demands even more patience and sacrifice. Providing an allowance not only eases this burden but also acknowledges and supports your brother’s commitment to caring for your children.




Appointing a guardian for your young children and explicitly stating this in your will is crucial. As a parent, you have the opportunity to select a guardian who prioritizes your children’s well-being. It’s also essential to allocate financial support in your will to assist the guardian in effectively fulfilling their responsibilities.


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首先,让我解释一下监护人的概念。监护人是为了保障未满18岁的和无法自理的儿童的福利。它是属于Guardianship of Infants Act 1961的管辖。





Guardianship of Infants Act 19615条文规定,父母是孩子的自然监护人。在双方都健在的情况下,他们所拥有的监护权和责任是平等的。