The Affidavit of Legal Guardianship is a crucial legal document used in Belgium when formal confirmation or establishment of guardianship is required. This document becomes necessary in situations where an individual needs to legally verify their authority as a guardian, whether for a minor or an incapacitated adult. It is governed by the Belgian Civil Code and related legislation, particularly the Law of 17 March 2013 on the Reform of Incapacity Regimes. The affidavit includes detailed information about the guardian and ward, the scope of guardianship, and specific powers granted. It's commonly required when dealing with schools, healthcare providers, government agencies, or financial institutions, and may be particularly important in situations involving international elements within the EU context. The document must be properly executed before a notary and may need to be accompanied by supporting documentation such as court orders or medical certificates.
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1. Declaration Opening: Formal opening statement identifying the document as an affidavit and the jurisdiction (Belgium)
2. Deponent Information: Full legal name, address, and identification details of the person making the affidavit
3. Ward Information: Full details of the person requiring guardianship, including name, date of birth, and current address
4. Relationship Statement: Description of the relationship between the guardian and ward
5. Authority Establishment: Details of how the guardianship was established (court order, parents' designation, etc.)
6. Scope of Guardianship: Specific powers and responsibilities granted to the guardian
7. Guardian's Obligations: Detailed list of duties and responsibilities the guardian commits to fulfill
8. Duration of Guardianship: Specification of the term of guardianship, whether permanent or temporary
9. Declaration of Truth: Formal statement affirming the truth of all declarations made
10. Execution Block: Space for signature, date, and notary authentication
1. Medical Authority: Special provisions regarding medical decision-making authority, used when specific health care decisions may be needed
2. Financial Authority: Detailed financial powers and responsibilities, used when guardian will manage substantial assets
3. Education Provisions: Specific provisions regarding educational decision-making, used for school-age wards
4. Travel Authorization: Special provisions for international travel, used when cross-border movement may be necessary
5. Co-Guardian Provisions: Used when multiple guardians are appointed with shared responsibilities
6. Emergency Contact Information: Additional contacts and procedures for emergencies, used in cases where specific emergency protocols are needed
1. Court Order: Copy of the judicial decision appointing the guardian, if applicable
2. Identity Documents: Certified copies of identification documents for both guardian and ward
3. Medical Reports: Any relevant medical assessments establishing the need for guardianship
4. Parents' Consent: Written consent from parents if guardianship is established by parental agreement
5. Asset Inventory: Detailed list of ward's assets if financial guardianship is included
6. Previous Guardianship Documents: Any prior guardianship arrangements or relevant legal documents
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