The Sole Guardian Affidavit is a fundamental legal instrument in Philippine family law, typically required when an individual needs to establish their legal authority as the sole guardian of a minor. This document becomes necessary in various situations, such as when one parent is deceased, absent, or incapacitated, or when a non-parent needs to assume full guardianship responsibilities. The affidavit must conform to the requirements set forth in the Family Code of the Philippines and related legislation, including the Rules of Court on guardianship proceedings. It serves as a formal declaration of the guardian's commitment and legal responsibility to act in the best interests of the minor, covering aspects such as physical care, education, medical decisions, and property management if applicable. The document is particularly crucial for administrative and legal proceedings, including school enrollment, medical treatments, and travel authorizations.
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1. Title and Jurisdiction: Formal title of the document and the jurisdiction (specific city/municipality in Philippines) where it is being executed
2. Affiant's Information: Complete identification details of the person making the affidavit, including full legal name, age, citizenship, and current address
3. Minor's Information: Complete details of the minor including full name, age, date of birth, and current residence
4. Relationship Declaration: Statement of the affiant's relationship to the minor and the basis for guardianship claim
5. Circumstances of Sole Guardianship: Detailed explanation of the circumstances that have led to the sole guardianship situation
6. Guardian Responsibilities Declaration: Statement acknowledging understanding of guardian duties and responsibilities under Philippine law
7. Verification and Oath: Standard verification statement and oath of truthfulness of the contents
1. Other Parent/Guardian Status: Section explaining the status of other parent or previous guardian (used when there is a need to explain absence, death, or incapacity of other potential guardians)
2. Financial Responsibility Statement: Declaration of financial capability to support the minor (used when required by specific court or circumstance)
3. Medical Authorization: Specific authorization for medical decisions (used when explicit medical decision-making authority needs to be established)
4. Education Authorization: Specific authorization for educational decisions (used when explicit educational decision-making authority needs to be established)
5. Travel Authorization: Statement regarding authority to make travel decisions for the minor (used when international travel is anticipated)
1. Birth Certificate: Certified true copy of the minor's birth certificate
2. Death Certificate: Copy of death certificate of deceased parent(s) if applicable
3. Court Orders: Copies of any existing court orders relating to custody or guardianship
4. Supporting Affidavits: Affidavits from family members or other relevant parties supporting the sole guardianship claim
5. Character References: Letters or affidavits from community leaders, employers, or other reputable persons attesting to the affiant's character
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