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Temporary Guardianship Affidavit Template for Switzerland

A Temporary Guardianship Affidavit under Swiss law is a legally binding document that temporarily transfers specific parental rights and responsibilities from a child's legal guardian(s) to a designated temporary guardian. This document, governed by the Swiss Civil Code (ZGB/CC), establishes the scope and duration of the temporary guardianship arrangement, including authorities for medical care, educational decisions, and daily care of the minor. It requires proper authentication through a notary public and may need registration with relevant Swiss municipal authorities, particularly the Child Protection Authority (KESB/APEA) in certain circumstances.

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What is a Temporary Guardianship Affidavit?

The Temporary Guardianship Affidavit is a crucial document used in Switzerland when parents or legal guardians need to temporarily transfer caregiving authority to another responsible adult. This situation might arise due to extended travel, medical treatment, military service, or other circumstances requiring temporary separation from the child. The document, governed by Swiss civil law, particularly the ZGB/CC, must clearly outline the powers being granted, the duration of the arrangement, and the specific responsibilities of the temporary guardian. It requires proper authentication and may need to be registered with local authorities. The affidavit typically includes provisions for medical care, educational decisions, and daily care requirements, while also specifying any limitations on the guardian's authority and the process for revoking the arrangement. This document serves as legal protection for all parties involved and ensures the child's welfare remains properly addressed during the temporary guardianship period.

What sections should be included in a Temporary Guardianship Affidavit?

1. Declarant Information: Full legal name, address, and identification details of the parent(s) or current legal guardian(s) granting temporary guardianship

2. Temporary Guardian Information: Full legal name, address, and identification details of the person(s) being appointed as temporary guardian(s)

3. Child Information: Full legal name, date of birth, current address, and any relevant identification numbers of the child(ren) subject to the temporary guardianship

4. Purpose and Duration: Clear statement of the reason for temporary guardianship and the specific time period for which it is being granted

5. Powers and Responsibilities: Detailed description of the legal powers and responsibilities being transferred to the temporary guardian

6. Medical Authorization: Specific authorization for medical decisions and treatment

7. Education Authorization: Authority to make educational decisions and interact with school authorities

8. Declarant's Retained Rights: Statement of rights and powers retained by the parent(s) or current legal guardian(s)

9. Revocation Terms: Conditions and process for revoking the temporary guardianship

10. Declaration of Truth: Formal statement affirming that all information provided is true and correct

11. Signature Block: Space for signatures of declarant(s), temporary guardian(s), and notary public

What sections are optional to include in a Temporary Guardianship Affidavit?

1. Emergency Contact Information: Additional emergency contacts beyond the temporary guardian and parents, used when extended support network needs to be documented

2. Travel Authorization: Specific permission for domestic or international travel, included when the child may need to travel with the temporary guardian

3. Financial Authority: Authorization for the temporary guardian to manage specific financial matters, included when financial responsibilities are being delegated

4. Special Needs Provisions: Specific instructions regarding any special medical, educational, or other needs of the child, included when applicable

5. Religious Preferences: Instructions regarding religious education or observances, included when religious considerations are important to the family

6. Limitation of Powers: Specific restrictions on the temporary guardian's authority, included when certain powers are explicitly withheld

What schedules should be included in a Temporary Guardianship Affidavit?

1. Schedule A - Identification Documents: Copies of official identification documents for all parties involved

2. Schedule B - Medical History: Relevant medical history, allergies, and current medications of the child

3. Schedule C - Insurance Information: Details of medical, dental, and other relevant insurance coverage

4. Schedule D - School Information: Current school details, academic records, and special educational requirements

5. Appendix 1 - Consent Forms: Additional consent forms required by specific institutions (schools, medical facilities, etc.)

6. Appendix 2 - Parent Contact Schedule: Schedule of regular contact between child and parent(s) during the guardianship period

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Document Type

Affidavit

Cost

Free to use

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