The Sole Guardian Affidavit is a crucial legal document used in Swiss jurisdiction when an individual needs to formally declare and establish their position as the sole guardian of a minor. This document becomes necessary in various situations, such as the death of a parent, abandonment, or when one parent is unable or unwilling to exercise their parental rights. The affidavit must comply with Swiss Civil Code requirements and typically needs to be submitted to various authorities including the Child Protection Authority (KESB) and civil registry offices. It contains detailed information about the guardian's qualifications, the child's circumstances, and the guardian's commitment to fulfilling their responsibilities. The document plays a vital role in ensuring proper legal documentation of guardianship arrangements and protecting the child's interests within the Swiss legal system.
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1. Declaration Header: Formal title and date of the affidavit, including the canton and municipality where it is being executed
2. Declarant Information: Full legal name, address, date of birth, nationality, and contact information of the person seeking sole guardianship
3. Child Information: Full details of the child(ren) including full name, date of birth, current address, and nationality
4. Basis for Sole Guardianship: Clear statement of the circumstances necessitating sole guardianship (death of other parent, abandonment, court order, etc.)
5. Current Care Arrangements: Description of existing living arrangements and care responsibilities for the child
6. Guardian Qualifications: Statement of declarant's ability and resources to serve as sole guardian
7. Guardian Commitments: Formal declarations regarding fulfillment of guardian duties and responsibilities under Swiss law
8. Truth Declaration: Formal statement affirming the truth of all declarations made in the document
9. Signature Block: Space for signature, date, and notary authentication
1. Other Parent Status: Include when other parent is living but unable/unwilling to exercise parental rights, or their whereabouts are unknown
2. Financial Resources: Include when specifically required by authorities to demonstrate financial capacity to care for the child
3. Medical Authorization: Include when specific medical decision-making authority needs to be established
4. Education Details: Include when specific educational decision-making authority needs to be established
5. Travel Authorization: Include when international travel authority needs to be explicitly stated
6. Support System: Include when relevant to demonstrate available family/community support network
1. Birth Certificate: Certified copy of child's birth certificate
2. Death Certificate: If applicable, death certificate of deceased parent
3. Court Orders: Any existing court orders relating to custody or guardianship
4. Medical Records: Relevant medical documentation if guardianship is related to health issues
5. Financial Statement: Statement of financial resources and ability to provide for the child
6. Character References: Letters from respected community members attesting to guardian's capability
7. Police Clearance: Recent criminal record check of the proposed guardian
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Immigration Officer
School Administrator
Healthcare Administrator
Family Court Judge
Notary Public
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Child Welfare Specialist
Family Law Attorney
Public Guardian
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