A Guardian Affidavit is a crucial legal document used in Malaysian jurisdiction when formal declaration of guardianship is required. This document becomes necessary in various situations, such as when parents are deceased, incapacitated, or unable to care for their children, or when temporary guardianship needs to be established for specific purposes. The affidavit must comply with Malaysian legal requirements, particularly the Guardianship of Infants Act 1961 and the Oaths and Statutory Declarations Act 1960. It typically includes detailed information about the guardian's identity, relationship to the child, reasons for guardianship, and specific responsibilities being undertaken. The Guardian Affidavit serves as evidence of authority for the guardian in dealing with schools, medical facilities, government agencies, and other institutions.
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1. Title and Introduction: Formal title of the affidavit and introduction of the deponent (person making the affidavit)
2. Deponent Details: Full legal name, IC/passport number, occupation, and address of the person making the affidavit
3. Child Details: Full details of the child(ren) including full name, date of birth, and current address
4. Relationship Declaration: Statement of the relationship between the deponent and the child(ren)
5. Grounds for Guardianship: Detailed explanation of why guardianship is necessary and circumstances leading to this application
6. Guardian Qualifications: Information demonstrating the deponent's suitability to act as guardian
7. Guardian Responsibilities: Detailed outline of the responsibilities and duties to be undertaken as guardian
8. Duration of Guardianship: Specified period or conditions of the guardianship arrangement
9. Declaration of Truth: Formal declaration that all statements made in the affidavit are true
10. Execution Block: Space for signature, date, and commissioner for oaths' attestation
1. Parental Consent: Written consent from living parents or explanation of why consent cannot be obtained
2. Medical Authorization: Specific medical decision-making powers, needed when the child has special medical needs
3. Educational Provisions: Specific educational decision-making powers, included when education decisions are a key aspect of guardianship
4. Financial Responsibilities: Details of financial obligations and management of the child's assets, if applicable
5. Travel Authorization: Specific provisions for international travel, needed when cross-border travel is anticipated
6. Religious Upbringing: Specifications regarding religious education and practices, particularly relevant for Muslim families
7. Temporary Guardian Designation: Appointment of temporary guardian in case of primary guardian's incapacity
1. Schedule A - Identity Documents: Copies of IC/passport of deponent and birth certificate(s) of child(ren)
2. Schedule B - Supporting Documents: Death certificates of parents (if applicable), previous court orders, or other relevant legal documents
3. Schedule C - Consent Forms: Signed consent forms from living parents or other relevant parties
4. Schedule D - Financial Statement: Statement of financial capability to support the child (if applicable)
5. Schedule E - Medical Records: Relevant medical records or special care requirements (if applicable)
6. Schedule F - Character References: Letters from community leaders, employers, or other references attesting to the guardian's character
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