Section 7
Power of parent to appoint testamentary guardian
of Guardianship of Infants Act 1961
(1)
A parent of an infant may by deed or will appoint any person to be guardian of the infant after that parent’s death.
(2)
Any guardian appointed under subsection (1) shall act jointly with the surviving parent, if any, but if—
(a)
the surviving parent objects to the guardian so acting; or
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(b)
the guardian considers that the surviving parent is unfit to have the custody of the infant, the guardian may apply to the Court and the Court may—
(aa) refuse to make any order (in which case the surviving parent shall remain the sole guardian of the infant);
(bb) make an order that the guardian shall act jointly with the surviving parent; or
(cc)
make an order that the guardian shall be the sole guardian of the infant.
(3)
If the Court makes an order under paragraph (2)(cc), the
Court may make—
(a)
such order regarding the custody of the infant and the right of access of the surviving parent to the infant as, having regard to the welfare of the infant, the Court thinks fit; and
(b)
an order requiring the surviving parent to pay to the guardian such periodical sums towards the maintenance or education of the infant as the Court may consider reasonable having regard to the means of that surviving parent.
(4)
If guardians are appointed by deed or will by both parents of an infant, the guardians so appointed shall, after the death of the surviving parent, act jointly.
(5)
A guardian appointed by the Court under section 6 to act jointly with the surviving parent shall continue to act as guardian after the death of the surviving parent, but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.
Guardian of orphan 8.
If both parents of an infant have died without appointing a testamentary guardian, any Magistrate, penghulu, police officer or
Protector may cause the infant to be taken before the Court, and the Court shall appoint a guardian of the infant’s person and property or either of them.
Guardianship of Infants 9
Protector to be temporary guardian of abandoned infant 8A. (1) If an infant—
(a)
has been abandoned by his parent or guardian; or
(b)
has no parent or guardian, and no other suitable person is willing and able to care for him, the Court—
(aa) shall appoint a Protector to be a temporary guardian of the infant’s person and property or either of them until such time as a guardian of the infant’s person and property can be appointed;
(bb) shall determine the extent of the powers and duties of the
Protector as a temporary guardian in relation to the infant’s person and property; and
(cc)
may impose such other terms and conditions as, having regard to the welfare of the infant, the Court thinks fit.
(2)
Subsection (1) shall apply whether or not an infant is placed—
(a)
in a place of safety; or
(b)
in the care, custody and control of a foster parent, pursuant to any law relating to the care and protection of an infant.
(3)
Section 4 shall not apply to a temporary guardian appointed under this section.
Variation of power of guardian of property 9.
The Court or a Judge may, in appointing any guardian of an infant’s property, by order define, restrict, or extend the power and authority of the guardian in relation thereto, to such extent as is necessary for the welfare of the infant.
Removal of guardian 10.
The Court or a Judge may at any time remove from his guardianship any guardian, whether a parent or otherwise and whether of the person or the property of the infant, and may appoint from time to time another person to be guardian in his place.
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