The Guardianship Affidavit is a crucial legal instrument used in Canadian jurisdictions when an individual seeks to establish legal guardianship over a minor child. This document is typically required in situations where the biological parents are unable to care for the child, in cases of death or incapacity of current guardians, or when formalizing existing care arrangements. The affidavit must be sworn before a commissioner of oaths or notary public and includes detailed information about the proposed guardian's qualifications, relationship with the child, and ability to provide care. It serves as a formal declaration under oath and may be required by courts, schools, healthcare providers, and other institutions that need verification of guardianship authority. The document must comply with provincial/territorial guardianship laws and federal requirements for sworn statements, making it essential to prepare it with careful attention to legal requirements and jurisdictional specifications.
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1. Opening Statement: Formal introduction identifying the affiant, their place of residence, and occupation
2. Identification of Child: Full legal name, date of birth, and current residence of the child(ren) subject to guardianship
3. Relationship Declaration: Statement explaining the relationship between the affiant and the child(ren)
4. Current Guardian Status: Details about current guardianship arrangements and any existing court orders
5. Reasons for Guardianship: Explanation of why guardianship is necessary and in the best interests of the child
6. Proposed Guardian Qualifications: Information about the proposed guardian's ability to care for the child, including financial means, living situation, and relationship with the child
7. Consent Declarations: Statements regarding consent from other parties with rights to the child (e.g., biological parents)
8. Child Welfare Statement: Declaration that there are no child protection concerns or ongoing investigations
9. Truth Declaration: Formal statement affirming that the contents of the affidavit are true
10. Signature Block: Space for signature, date, and commissioner of oaths authentication
1. Medical Authorization: Section authorizing the guardian to make medical decisions, used when specific medical authority is required
2. Education Authorization: Section specifying authority for educational decisions, used when specific educational authority is needed
3. Travel Authorization: Section addressing international travel permissions, used when cross-border travel is anticipated
4. Temporary Guardianship Period: Section specifying duration of guardianship, used for temporary arrangements
5. Previous Court Orders: Section detailing any relevant previous court orders, used when there is prior legal history
6. Indigenous Heritage Declaration: Section addressing Indigenous status and rights, required when the child has Indigenous heritage
7. Special Needs Provisions: Section detailing specific care requirements, used when the child has special needs or medical conditions
1. Schedule A - Supporting Documents: Copies of identification documents for all parties involved
2. Schedule B - Proof of Relationship: Documentation proving relationship to child (birth certificates, adoption papers, etc.)
3. Schedule C - Criminal Record Check: Results of criminal record check for proposed guardian
4. Schedule D - Financial Statement: Statement of proposed guardian's financial situation and ability to support the child
5. Schedule E - Consent Forms: Signed consent forms from biological parents or current guardians
6. Schedule F - Reference Letters: Character references supporting the proposed guardian's application
7. Appendix 1 - Home Study Report: Assessment of proposed guardian's living situation and home environment
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Legal Assistant
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Court Clerk
Family Services Coordinator
Immigration Consultant
Guardian Ad Litem
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Commissioner of Oaths
Notary Public
Family Court Judge
Child Welfare Case Manager
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