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Guardianship Affidavit for the Netherlands

Guardianship Affidavit Template for Netherlands

A Guardianship Affidavit under Dutch law is a formal sworn statement that establishes the legal authority of a guardian over a minor child. This document, governed by the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 1, serves as an official declaration of guardianship responsibilities and powers. It contains detailed information about the guardian, the child, the scope of authority, and the circumstances necessitating the guardianship arrangement. The document must be executed before a Dutch notary public and comply with local legal requirements for sworn statements and child protection regulations.

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What is a Guardianship Affidavit?

The Guardianship Affidavit is a crucial legal document used in the Netherlands when establishing formal guardianship arrangements for minor children. This document becomes necessary in situations where biological parents are unable to care for their children due to death, incapacity, or other circumstances, or when temporary guardianship needs to be established for specific purposes. The affidavit must comply with Dutch Civil Code requirements and includes comprehensive information about the guardian's qualifications, responsibilities, and the scope of their authority. It serves as an official record for schools, medical facilities, government agencies, and other institutions that require proof of guardian authority. The document must be properly executed before a Dutch notary and may require supporting documentation such as background checks, financial statements, and character references.

What sections should be included in a Guardianship Affidavit?

1. Declaration and Notary Information: Opening statement declaring this is a sworn affidavit, including notary details and date

2. Affiant Information: Full legal name and details of the person making the affidavit (proposed guardian)

3. Child Information: Complete details of the minor child including full name, date of birth, and current residence

4. Relationship Statement: Description of the relationship between the proposed guardian and the child

5. Parent Status Declaration: Statement regarding the status of biological/legal parents and reason for guardianship necessity

6. Guardian Qualifications: Statement of proposed guardian's qualifications and ability to serve as guardian

7. Scope of Guardianship: Detailed description of guardianship responsibilities and powers being requested

8. Duration of Guardianship: Specified period or conditions of the guardianship arrangement

9. Declaration of Truth: Formal statement affirming all information provided is true and correct

10. Signature Block: Space for affiant's signature, date, and notary authentication

What sections are optional to include in a Guardianship Affidavit?

1. Emergency Contact Information: Additional contacts in case guardian cannot be reached, used when child has specific medical needs or other special circumstances

2. Medical Authorization: Specific medical decision-making powers, included when child has ongoing medical conditions

3. Educational Provisions: Special educational arrangements or authority, used when specific educational decisions need to be addressed

4. Property Management: Details about management of child's assets or property, included when child has significant assets

5. Travel Authorization: Specific permissions for international travel, included when regular cross-border travel is anticipated

6. Temporary Guardian Designation: Authorization to appoint temporary guardian in specific circumstances, used when primary guardian travels frequently

7. Cultural/Religious Considerations: Specific cultural or religious requirements for child's upbringing, included when these factors are significant to the child's background

What schedules should be included in a Guardianship Affidavit?

1. Schedule A - Identity Documents: Copies of identification documents for guardian and child

2. Schedule B - Parent Status Evidence: Documentation regarding parents' status (death certificates, consent forms, or court orders)

3. Schedule C - Guardian Background Check: Results of guardian's background check and character references

4. Schedule D - Medical History: Relevant medical information and history of the child

5. Schedule E - Financial Statement: Statement of guardian's financial capability to care for child

6. Schedule F - Supporting Letters: Letters from professionals or family members supporting the guardianship arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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Relevant Industries

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Social Services

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Relevant Roles

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Notary Public

Social Worker

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Family Court Judge

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School Administrator

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Guardian ad Litem

Child Welfare Specialist

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