Legal Templates
Declaration Of Guardianship

Declaration Of Guardianship for Singapore

Declaration Of Guardianship Template for Singapore

A Declaration of Guardianship under Singapore law is a formal legal document that establishes the appointment of a guardian to make decisions and act on behalf of another person (ward) who lacks capacity to make their own decisions. This document is governed by the Mental Capacity Act and Guardianship of Infants Act, requiring careful consideration of the ward's best interests and the guardian's responsibilities. It must comply with Singapore's strict legal requirements for execution and witnessing.

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What is a Declaration Of Guardianship?

The Declaration of Guardianship is a crucial legal instrument in Singapore's family law framework, used when an individual requires someone to make decisions on their behalf due to mental incapacity or minority. This document formalizes the guardian's authority and responsibilities, protecting both the ward's interests and the guardian's legal standing. It must comply with Singapore's Mental Capacity Act and related legislation, typically requiring medical evidence of incapacity and proper witnessing. The declaration outlines specific powers granted, duration of guardianship, and any conditions or limitations imposed.

What sections should be included in a Declaration Of Guardianship?

1. Declaration Statement: Formal statement of the declarant's intention to appoint guardian(s)

2. Declarant Details: Full legal name, identification details, and contact information of person making declaration

3. Guardian Details: Full legal name, identification details, and contact information of appointed guardian(s)

4. Ward Details: Full legal name, identification details of person requiring guardianship

5. Scope of Guardianship: Specific powers and responsibilities being granted to guardian

6. Duration: Period for which guardianship is valid

7. Execution: Signing requirements and witness details

What sections are optional to include in a Declaration Of Guardianship?

1. Alternate Guardian: Details of backup guardian to be appointed when primary guardian is unable to act

2. Medical Authority: Specific medical decision-making powers granted to the guardian

3. Financial Authority: Specific financial decision-making powers granted to the guardian

4. Living Arrangements: Specifications regarding the ward's residence and care arrangements

What schedules should be included in a Declaration Of Guardianship?

1. Medical Report: Current medical assessment of ward's condition

2. Asset Schedule: List of ward's assets if financial guardianship is included

3. Witness Statements: Supporting statements from medical professionals or other relevant parties

4. Guardian Acceptance: Formal acceptance of guardianship responsibilities by appointed guardian

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Clauses
Appointment of Guardian
Powers and Authority
Duties and Responsibilities
Duration and Termination
Medical Decision Making
Financial Management
Living Arrangements
Reporting Requirements
Revocation
Alternate Guardian Provisions
Best Interests
Personal Care
Property Management
Healthcare Decisions
Emergency Powers
Communication Requirements
Record Keeping
Liability and Indemnification
Dispute Resolution
Compliance with Laws
Registration Requirements
Amendment Procedures
Effective Date
Witness Requirements
Industries

Mental Capacity Act (Chapter 177A): Primary legislation governing the appointment of deputies and lasting powers of attorney. Defines mental capacity, decision-making ability, and outlines the responsibilities and powers of guardians.

Guardianship of Infants Act (Chapter 122): Regulates matters relating to guardianship of minors, defines the rights and responsibilities of guardians, and outlines the court's powers in guardianship matters.

Supreme Court of Judicature Act: Provides the legal framework for court proceedings related to guardianship matters in Singapore.

Family Justice Act: Establishes jurisdiction and framework for family-related matters including guardianship proceedings.

Mental Health (Care and Treatment) Act: Relevant legislation when guardianship involves persons with mental health conditions.

Office of the Public Guardian Guidelines: Administrative guidelines and requirements set by the Office of the Public Guardian for guardianship matters.

Family Justice Courts Practice Directions: Procedural guidelines and requirements for handling guardianship cases in the Family Justice Courts.

Singapore Case Law Precedents: Relevant judicial decisions and precedents that influence the interpretation and application of guardianship laws in Singapore.

Teams

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