The Guardianship Affidavit is a crucial legal instrument in the Philippine legal system, used when there is a need to formally establish guardianship over a minor or incapacitated person. This document becomes necessary in various situations, such as when parents are deceased, incapacitated, or unable to care for their child, or when temporary guardianship needs to be established for practical purposes like schooling or medical care. The affidavit must comply with requirements set forth in the Family Code of the Philippines, Rules of Court, and relevant jurisprudence. It typically includes detailed information about both the guardian and ward, the circumstances necessitating the guardianship, and the specific powers being granted. The document requires notarization and often needs to be accompanied by supporting documentation such as birth certificates, proof of the guardian's capability, and evidence of the parents' inability to provide care if applicable.
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1. Title and Jurisdiction: Clearly states this is a Guardianship Affidavit and the jurisdiction (Philippines)
2. Affiant's Personal Information: Details of the person executing the affidavit including full legal name, age, citizenship, civil status, and complete address
3. Ward's Information: Complete details of the minor/ward including full name, age, date and place of birth, and current address
4. Relationship Declaration: Statement of the relationship between the affiant and the ward, including any relevant family relationships or prior care arrangements
5. Basis for Guardianship: Detailed explanation of the circumstances necessitating the guardianship arrangement
6. Guardian's Declarations: Formal statements regarding guardian's qualifications, ability, and commitment to assume responsibility
7. Scope of Authority: Detailed outline of the guardian's powers, responsibilities, and limitations regarding the ward's person and/or property
8. Duration of Guardianship: Specification of the time period for which the guardianship is intended to last
9. Attestation: Formal declaration of truth of the statements made in the affidavit
10. Notarial Section: Space for notary public's certification and attestation
1. Biological Parents' Information: Include when biological parents are known and their whereabouts or status needs to be documented (e.g., deceased, incapacitated, abroad)
2. Property Management: Include when the ward owns property or receives regular income that needs to be managed by the guardian
3. Medical Authorization: Include when specific medical decision-making authority needs to be granted to the guardian
4. Educational Provisions: Include when specific educational decision-making authority needs to be detailed
5. Travel Authorization: Include when the guardian needs authority to make travel decisions or apply for travel documents
6. Emergency Contacts: Include when additional emergency contacts or alternate guardians need to be specified
1. Birth Certificate: Certified true copy of the ward's birth certificate
2. Guardian's Identity Documents: Copies of guardian's valid government ID and proof of address
3. Parents' Death Certificates: If applicable, certified copies of death certificates of biological parents
4. Medical Records: If relevant, important medical records or special care requirements for the ward
5. Property Inventory: If applicable, detailed inventory of ward's properties and assets to be managed
6. Character References: Letters or certificates attesting to the guardian's character and capability
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