The Guardianship Affidavit is a crucial legal document used in Switzerland when establishing or confirming a guardianship relationship. It is primarily governed by the Swiss Civil Code (ZGB) and must comply with both federal and cantonal regulations. This document is typically required when an individual needs to be appointed as a guardian for a minor or an adult who requires protection due to mental incapacity, illness, or other circumstances that prevent them from managing their own affairs. The affidavit must be executed before a notary public and typically requires approval from the Swiss Child and Adult Protection Authority (KESB/APEA). It contains detailed declarations about the guardian's qualifications, responsibilities, and relationship to the ward, as well as specific provisions regarding the scope of authority being granted. The document is essential for establishing legal authority for making decisions about healthcare, finances, education, and personal welfare on behalf of the protected person.
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1. Identification of Parties: Full legal names, addresses, and identification details of the proposed guardian and the ward
2. Background Information: Circumstances necessitating the guardianship and relationship between guardian and ward
3. Definitions: Key terms used throughout the affidavit
4. Guardian's Personal Information: Detailed information about the guardian's background, including citizenship, residence, and qualification to serve as guardian
5. Ward's Information: Detailed information about the ward, including current living situation and needs
6. Scope of Guardianship: Specific powers and responsibilities being requested or affirmed
7. Guardian's Declarations: Formal statements regarding capability, willingness, and commitment to fulfill guardian duties
8. Legal Capacity Statement: Declaration of guardian's legal capacity and absence of conflicts
9. Duration of Guardianship: Specified term or conditions of the guardianship
10. Verification: Formal statement of truth and accuracy of the information provided
11. Execution: Signature block with notarization requirements
1. Medical Considerations: Include when guardianship involves medical decision-making authority
2. Financial Authority: Include when guardian will have responsibility for financial matters
3. Education Provisions: Include when ward is a minor requiring educational decisions
4. Co-Guardian Provisions: Include when multiple guardians are being appointed
5. Emergency Powers: Include when guardian needs immediate or emergency decision-making authority
6. Property Management: Include when guardian will manage ward's property
7. Reporting Commitments: Include when specific reporting to authorities is required
1. Identity Documents: Copies of identification documents for guardian and ward
2. Medical Records: Relevant medical documentation supporting need for guardianship
3. Criminal Record Check: Guardian's criminal record check results
4. Financial Statement: Overview of ward's financial situation if financial guardianship is included
5. Professional Qualifications: Certificates or proof of guardian's relevant qualifications if applicable
6. Supporting Declarations: Additional declarations from family members or professionals supporting the guardianship
7. Asset Inventory: Detailed list of ward's assets if property management is included
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