The Guardian Declaration Form is a crucial legal document used in Malaysian jurisdictions to formalize guardianship arrangements. It is required when an individual assumes legal responsibility for a minor or protected person, whether due to parental death, incapacity, or other circumstances necessitating guardianship. The form must comply with Malaysia's unique dual legal system, incorporating requirements from both civil law (primarily the Guardianship of Infants Act 1961) and Shariah law for Muslim parties. The document includes comprehensive information about both guardian and ward, declarations of eligibility and responsibility, and various supporting documents. It serves as evidence of the guardian's legal authority and understanding of their duties, and is often required by schools, healthcare providers, and financial institutions when dealing with matters concerning the ward.
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1. Guardian Information: Full legal name, identification details, address, and contact information of the proposed guardian
2. Ward Information: Full details of the minor/protected person including full name, date of birth, identification number, and current address
3. Relationship Declaration: Statement of the relationship between the guardian and ward, including how and why the guardianship relationship arose
4. Guardian Eligibility Declaration: Declaration that the guardian meets all legal requirements and has no disqualifying factors
5. Responsibilities Acknowledgment: Detailed listing of guardian duties and explicit acknowledgment of these responsibilities
6. Duration of Guardianship: Specification of the term of guardianship, including start date and end conditions
7. Declaration of Truth: Formal declaration that all information provided is true and accurate
8. Execution: Signature section with date and witness requirements
1. Shariah Compliance Declaration: Required for Muslim guardians and wards, declaring compliance with Islamic law requirements
2. Financial Management Powers: Detailed section on financial responsibilities and powers, needed when guardian will manage ward's assets
3. Medical Decision Authority: Specific powers regarding medical decisions, required when guardian needs medical decision-making authority
4. Education Decision Authority: Powers regarding educational decisions, needed when guardian will make educational choices
5. Previous Guardian Details: Information about any previous guardians, required when there is a transfer of guardianship
6. Emergency Contact Information: Additional emergency contacts, recommended for more comprehensive care arrangements
1. Schedule A - Identification Documents: Copies of identification documents for both guardian and ward
2. Schedule B - Supporting Documents: Birth certificates, death certificates of parents (if applicable), or court orders
3. Schedule C - Medical History: Relevant medical information about the ward if guardianship involves medical care
4. Schedule D - Asset Inventory: List of ward's assets if guardian will have financial management responsibilities
5. Appendix 1 - Witness Attestation: Formal attestation by witnesses confirming the guardian's declaration
6. Appendix 2 - Guardian Background Check: Results of any required background checks or character references
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