The Affidavit of Legal Guardianship is a crucial document within the German legal system, particularly in situations where formal confirmation of guardianship authority is required. This document becomes necessary when an individual needs to prove their legal authority as a guardian to third parties, whether for medical decisions, educational matters, or financial transactions on behalf of the ward. The affidavit must comply with German legal requirements, particularly sections 1773-1895 of the German Civil Code (BGB) governing guardianship (Vormundschaft). It contains detailed information about both the guardian and ward, specifies the scope of authority, and includes formal declarations regarding the guardian's commitments and responsibilities. This document is particularly important in situations involving international aspects, where German guardianship authority needs to be demonstrated to foreign institutions.
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1. Declaration Header: Formal introduction stating this is an affidavit, including the date, place, and notary information
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit (proposed or current guardian)
3. Ward Information: Full details of the minor/ward including full name, date of birth, current address, and any identification numbers
4. Basis for Guardianship: Statement of facts and circumstances necessitating the guardianship, including the legal basis under German law
5. Guardian Qualifications: Details of the guardian's qualifications, relationship to the ward, and ability to perform guardianship duties
6. Scope of Guardianship: Detailed description of the guardianship responsibilities and powers being sought or currently held
7. Guardian Declarations: Formal statements and commitments regarding the faithful execution of guardian duties in accordance with §1789 BGB
8. Verification Statement: Formal statement verifying that all information provided is true and correct under penalty of perjury
1. Previous Guardian Information: Required when there is a transfer of guardianship, including details of the previous guardian and reasons for change
2. Financial Responsibilities: Detailed section about financial management when the ward has significant assets or income to be managed
3. Medical Authority: Specific section detailing medical decision-making authority when the ward has particular medical needs
4. Education Provisions: Section specifically addressing educational decision-making when the ward is school-aged
5. Co-Guardian Provisions: Required when there are multiple guardians, detailing the division of responsibilities
1. Identity Documents: Certified copies of identification documents for both guardian and ward
2. Court Orders: Copies of relevant court orders or decisions regarding the guardianship
3. Medical Records: Relevant medical documentation if guardianship is related to medical care needs
4. Financial Statement: Overview of ward's assets and financial situation if financial guardianship is involved
5. Guardian Background Check: Results of mandatory background checks or clearances for the guardian
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