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Guardianship Affidavit Form for Hong Kong

Guardianship Affidavit Form Template for Hong Kong

A formal legal document used in Hong Kong to declare and establish guardianship arrangements, sworn under oath before a Commissioner for Oaths or Notary Public. The affidavit serves as a formal declaration of the proposed guardian's intent, qualifications, and commitment to assuming guardianship responsibilities. It must comply with Hong Kong's legal requirements under relevant ordinances, including the Guardianship of Minors Ordinance or Mental Health Ordinance, depending on the ward's circumstances. The document contains detailed information about both the guardian and ward, the reasons for guardianship, and the proposed scope of guardian responsibilities.

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Guardianship Affidavit Form

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What is a Guardianship Affidavit Form?

The Guardianship Affidavit Form is a crucial legal instrument within Hong Kong's guardianship framework, utilized when an individual needs to formally declare their intention and qualification to serve as a guardian for another person. This document is essential in cases involving minors who require a legal guardian, adults who have lost mental capacity, or situations where existing guardianship arrangements need to be modified or formalized. The affidavit must be executed in compliance with Hong Kong's legal requirements, particularly the Guardianship of Minors Ordinance, Mental Health Ordinance, and Oaths and Declarations Ordinance. It serves as a sworn statement containing comprehensive information about the proposed guardian's background, relationship to the ward, qualifications, and intended responsibilities. The document plays a vital role in Hong Kong's legal system as evidence in guardianship proceedings and as a formal record of the guardian's commitments and declarations.

What sections should be included in a Guardianship Affidavit Form?

1. Title and Jurisdiction Declaration: Specifies the document type and the jurisdiction (Hong Kong) under which the affidavit is being made

2. Deponent Information: Full details of the person making the affidavit, including name, HKID/passport number, occupation, and address

3. Ward Information: Complete details of the person requiring guardianship, including name, age, current address, and relationship to deponent

4. Basis for Guardianship: Clear statement of the circumstances necessitating guardianship and the deponent's qualification to act as guardian

5. Scope of Guardianship: Detailed description of the guardianship responsibilities and powers being sought

6. Declaration of Fitness: Affirmation of the deponent's eligibility and capability to serve as guardian, including absence of criminal record and financial stability

7. Duration of Guardianship: Specified period or conditions for the guardianship arrangement

8. Attestation: Formal declaration of truth and signature section, including space for notary/commissioner for oaths details

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

1. Co-Guardian Information: Details of any co-guardian arrangements, used when joint guardianship is proposed

2. Medical Assessment Reference: Reference to medical evaluations or assessments, required for guardianship of mentally incapacitated persons

3. Financial Responsibilities: Detailed section on financial management duties, needed when guardian will handle ward's financial affairs

4. Educational Provisions: Specific arrangements for educational decisions, included when ward is a minor in education

5. Temporary Guardian Designation: Nomination of temporary guardian in case of primary guardian's inability, optional backup arrangement

6. Previous Guardian Information: Details of any previous guardianship arrangements, included if there is relevant history

What schedules should be included in a Guardianship Affidavit Form?

1. Schedule A - Identity Documents: Copies of HKID/passport of deponent and ward

2. Schedule B - Supporting Documents: Birth certificates, relationship proof, or other relevant identity documentation

3. Schedule C - Medical Reports: Any relevant medical reports or assessments supporting the need for guardianship

4. Schedule D - Financial Statement: Statement of deponent's financial position when relevant to guardianship duties

5. Schedule E - Character References: Letters from referees supporting deponent's capability as guardian

6. Schedule F - Consent Forms: Written consents from other relevant family members or current guardian if applicable

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 | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Document Type

Authorization Form

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Legal Services

Healthcare

Social Services

Education

Financial Services

Public Sector

Non-Profit Organizations

Elder Care Services

Child Protection Services

Relevant Teams

Legal

Social Services

Healthcare Administration

Family Services

Court Administration

Documentation

Compliance

Elder Services

Child Protection

Client Relations

Relevant Roles

Legal Counsel

Social Worker

Healthcare Administrator

Family Law Attorney

Probate Lawyer

Elder Care Coordinator

Child Protection Officer

Court Administrator

Guardianship Services Manager

Legal Documentation Specialist

Family Services Coordinator

Mental Health Professional

Estate Planning Attorney

Public Guardian

Industries





Teams

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