A Guardianship Affidavit is a crucial legal instrument in Malaysian jurisdiction used when an individual needs to formally establish their role as a guardian for a minor. This document is particularly relevant 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, including the Guardianship of Infants Act 1961 and, where applicable, Islamic Family Law. It contains detailed declarations about the proposed guardian's identity, relationship to the child, reasons for seeking guardianship, and specific responsibilities to be undertaken. The document serves as evidence in legal proceedings and can be used for various purposes including school enrollment, medical treatment authorization, and travel permissions.
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1. Title and Jurisdiction: Specifies that this is a Guardianship Affidavit and the jurisdiction (Malaysia)
2. Deponent Details: Full legal name, identification details, occupation, and address of the person making the affidavit
3. Child Information: Full details of the child(ren) including full name, date of birth, identification number, and current address
4. Relationship Declaration: Declaration of the relationship between the deponent and the child(ren)
5. Current Guardian/Parent Information: Details of current legal guardians or parents, including their status (deceased, incapacitated, etc. if applicable)
6. Basis for Guardianship: Clear statement of the reasons why guardianship is necessary and why the deponent is suitable
7. Guardian Responsibilities: Detailed description of the responsibilities being undertaken as guardian
8. Duration of Guardianship: Specified period or conditions of the guardianship arrangement
9. Verification Statement: Standard affidavit verification stating that the contents are true and correct
10. Execution Block: Space for signature, commissioner for oaths details, and attestation
1. Consent of Parents: Required when existing parents are alive and able to provide consent
2. Medical Authorization: Added when guardian needs authority to make medical decisions
3. Educational Authority: Included when guardian needs specific powers regarding educational decisions
4. Financial Responsibilities: Required when guardian will handle financial matters for the child
5. Travel Authorization: Added when guardian needs authority to make travel arrangements or decisions
6. Temporary Guardian Designation: Included when guardian needs to appoint temporary guardians in specific circumstances
7. Religious Upbringing: Required when specific religious considerations need to be documented, especially relevant in Malaysian context with dual legal system
1. Schedule A - Identity Documents: Copies of identification documents for all parties involved
2. Schedule B - Birth Certificate: Copy of child's birth certificate
3. Schedule C - Death Certificate: Copies of death certificates of parents (if applicable)
4. Schedule D - Medical Reports: Any relevant medical reports supporting the need for guardianship
5. Schedule E - Supporting Letters: Letters from relevant authorities, school, or family members supporting the guardianship
6. Schedule F - Consent Forms: Signed consent forms from parents or current guardians if applicable
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