Guardian Declaration Form

Guardian Declaration Form Template for Austria

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Key Requirements PROMPT example:

"I need a Guardian Declaration Form under Austrian law for my elderly mother who has early-stage dementia, where I will be responsible for both financial matters and medical decisions, with the guardianship to commence from March 1, 2025."

Document background

The Guardian Declaration Form is a mandatory document required under Austrian law when establishing adult guardianship (Erwachsenenvertretung). This form became particularly important following the 2018 reform of adult protection law in Austria, which introduced more stringent requirements for guardian appointments. The document is used when an adult requires assistance in decision-making due to mental illness, intellectual disability, or other conditions affecting their capacity. It contains the guardian's personal details, their relationship to the ward, declarations of eligibility, and acknowledgment of responsibilities. The form must comply with the Erwachsenenschutzgesetz and related provisions of the Austrian Civil Code (ABGB). It serves as both a legal record and a practical guide for the guardian's duties.

Suggested Sections

1. Personal Information of the Proposed Guardian: Detailed information about the guardian including full name, date of birth, address, contact details, and relationship to the ward

2. Ward Information: Complete details of the person requiring guardianship including full name, date of birth, current residence, and any relevant identification numbers

3. Declaration of Eligibility: Guardian's formal declaration that they meet legal requirements for guardianship under Austrian law, including being of legal age and having no conflicts of interest

4. Scope of Guardianship: Detailed description of the intended areas of responsibility (financial matters, medical decisions, personal care, etc.)

5. Guardian's Obligations: List of statutory duties and responsibilities under Austrian law, including reporting requirements and accountability measures

6. Declaration of Understanding: Guardian's confirmation that they understand their legal obligations and the consequences of breaching their duties

7. Signature and Date: Space for guardian's signature, date, and witness signatures if required

Optional Sections

1. Previous Guardian Experience: Section to detail any prior experience as a guardian or relevant qualifications, recommended when the guardian has relevant background

2. Medical Decision-Making Authority: Specific section detailing authority for medical decisions, required when guardian will have healthcare decision-making powers

3. Financial Management Powers: Detailed section about financial management authority, required when guardian will handle financial matters

4. Co-Guardian Arrangements: Section detailing arrangement between multiple guardians, required when more than one guardian is being appointed

5. Emergency Contact Information: Additional contacts for emergency situations, recommended for complex guardianship situations

Suggested Schedules

1. Identity Documentation: Copies of guardian's identification documents and relevant certificates

2. Medical Assessment: Medical documentation supporting the need for guardianship (if applicable)

3. Asset Inventory: Initial inventory of ward's assets if financial guardianship is included

4. Criminal Record Check: Guardian's criminal record check certificate

5. Court Orders: Any existing court orders or legal documents relevant to the guardianship

Authors

Alex Denne

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

alex.den.21@genieai.co

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