The Affidavit of Legal Guardianship is a crucial legal document used in Malaysian jurisdiction when an individual seeks to establish legal authority over a minor's welfare and interests. This sworn statement is required under Malaysian law when someone other than a biological parent needs to assume legal responsibility for a child's care, education, and welfare. The document must comply with the Guardianship of Infants Act 1961 and other relevant Malaysian legislation, considering both civil and Syariah law requirements where applicable. It contains detailed declarations about the proposed guardian's relationship with the child, their capability to provide care, and supporting evidence of their suitability. The affidavit is typically used in situations involving orphaned children, incapacitated parents, or circumstances where biological parents are unable or unfit to care for their children.
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1. Title and Jurisdiction: States the document type and the jurisdiction (Malaysian court) where the affidavit is being filed
2. Deponent Details: Full legal name, identification details, occupation, and address of the person making the affidavit
3. Child Details: Full name, date of birth, and current address of the child for whom guardianship is sought
4. Relationship Declaration: Explains the relationship between the deponent and the child
5. Current Guardian Status: Details about current guardianship arrangement and status of biological parents
6. Grounds for Guardianship: Facts and circumstances that justify the need for legal guardianship
7. Guardian Capabilities: Statement of deponent's ability to serve as guardian, including financial means and living arrangements
8. Best Interests Declaration: Explanation of how the guardianship serves the child's best interests
9. Verification Statement: Standard affirmation of truth of the statements made
10. Execution Block: Space for signature, date, and commissioner for oaths' attestation
1. Medical Needs: Section detailing any special medical needs of the child and how they will be met
2. Educational Arrangements: Details of planned or current educational arrangements for the child
3. Temporary Guardianship Terms: Used when guardianship is intended to be temporary, specifying duration and conditions
4. Consent of Biological Parents: When available, includes statements of consent from living biological parents
5. Previous Guardian Details: Information about any previous legal guardians if applicable
6. Religious Upbringing: Particularly relevant in Malaysia's dual legal system, details about religious upbringing plans
7. Emergency Contact Information: Additional emergency contacts and alternative care arrangements
1. Schedule A - Identity Documents: Certified copies of identification documents for both deponent and child
2. Schedule B - Birth Certificate: Certified copy of the child's birth certificate
3. Schedule C - Death Certificates: If applicable, death certificates of biological parents
4. Schedule D - Financial Statement: Statement of financial capability to support the child
5. Schedule E - Character References: Letters from referees supporting the guardian's capability
6. Schedule F - Medical Reports: Any relevant medical reports concerning the child's health
7. Schedule G - Consent Documents: Written consents from biological parents or current guardians if applicable
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