The Guardian Affidavit (eidesstattliche Versicherung zur Vormundschaft) is a crucial document in German family law proceedings, utilized when an individual needs to formally accept guardianship responsibilities over a minor or incapacitated person. This document is required by German courts and authorities when establishing or transferring guardianship rights, particularly in situations involving orphaned children, absent parents, or cases where parents are unable to exercise their parental responsibilities. The affidavit must comply with the requirements set forth in the German Civil Code (BGB) and related regulations, and typically requires notarization. It serves as evidence of the guardian's commitment to fulfill their legal obligations and their understanding of the responsibilities involved in caring for the ward's personal and financial welfare.
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1. Declaration Header: Formal opening stating this is an affidavit (eidesstattliche Versicherung) with date, location, and notary information
2. Affiant Information: Complete identification of the person making the affidavit, including full legal name, date of birth, current address, and citizenship
3. Ward Information: Complete details of the minor/ward including full name, date of birth, current residence, and any relevant identification numbers
4. Relationship Statement: Declaration of the relationship between the guardian and ward, including how the guardianship situation arose
5. Guardian Qualifications: Statement of qualifications to serve as guardian, including age, legal capacity, and absence of conflicts
6. Guardian Commitments: Specific commitments regarding care, education, property management, and other responsibilities as required by BGB §1789
7. Legal Understanding: Confirmation of understanding legal obligations and responsibilities under German law
8. Truth Declaration: Formal statement confirming all information provided is true and complete
9. Signature Block: Space for signature, date, and notary certification
1. Co-Guardian Information: Required when there is more than one guardian being appointed, including their details and relationship
2. Property Management: Required when the ward owns significant assets or receives regular income that needs management
3. Medical Authority: Additional section needed when specific medical decision-making authority is being granted
4. Religious Upbringing: Required when specific arrangements for religious education need to be documented
5. International Travel: Required when the guardian needs authority for international travel with the ward
6. Educational Decisions: Detailed section needed when specific educational decision-making authority is being granted
1. Criminal Record Check: Attached criminal background check certificate (polizeiliches Führungszeugnis)
2. Financial Statement: If applicable, inventory of ward's assets and financial resources
3. Medical Documentation: Any relevant medical records or care requirements for the ward
4. Family Court Order: Copy of any existing family court orders or decisions relevant to the guardianship
5. Identity Documents: Copies of identification documents for both guardian and ward
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