What is a Guardian?
In Malaysia, a guardianship is a legal arrangement in which an individual is appointed to take care of and make decisions for a minor or a person who is unable to manage their own affairs due to mental or physical incapacity. The person who is appointed as the guardian is responsible for ensuring that the ward’s needs are met and that their best interests are always taken into consideration.
Guardianship in Malaysia is governed by the Guardianship Act 1961, which outlines the procedures for the appointment of guardians and their duties and responsibilities. The Act provides for different types of guardianship, including natural guardianship, testamentary guardianship, and court-appointed guardianship.
Who should be the Legal Guardian of the child under the Law?
Under the law, both the biological father and mother of the child shall have equal guardianship rights of a child while they live together. In the event of separation or divorce, the court may appoint either on or both as joint guardians with joint custody or with custody to either one.
If one of the biological parents of the child has passed away, can the child’s relative apply to be a legal guardian of the child?
Yes. One may appoint a lawyer and file an application to the court to apply for the guardianship and custody of the child.
Responsibility of a Guardian?
A guardian has parental rights and duties over the child and will make decisions about the child’s long-term welfare.
The guardian has a duty to act with such care as a man of ordinary prudence would exercise when dealing with his own property. The guardian may do whatever is reasonable and proper for the protection and realisation of the child’s property.
