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Guardianship Affidavit Template for Belgium

A formal sworn statement executed under Belgian law that establishes or declares guardianship arrangements for either a minor or an incapacitated adult. The document complies with the Belgian Civil Code and the 2013 Law on Incapacity, detailing the guardian's powers, responsibilities, and limitations in managing the ward's personal and/or financial affairs. It includes comprehensive information about both the guardian and ward, specifies the scope of authority, and may cover various aspects such as medical decision-making, financial management, and personal care arrangements. The document requires proper notarization and often serves as a key reference document for institutions dealing with the ward's affairs.

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What is a Guardianship Affidavit?

The Guardianship Affidavit is a crucial legal document used in Belgium when establishing or declaring guardianship arrangements. It is primarily utilized when an individual needs to formally document their authority and responsibilities as a guardian, whether for a minor or an incapacitated adult. The document is governed by Belgian Civil Code provisions and the 2013 Law on Incapacity, which modernized the country's guardianship system. This affidavit serves multiple purposes: it provides proof of guardianship authority to third parties, outlines the scope of the guardian's powers and responsibilities, and documents important details about both the guardian and ward. It's particularly important for interactions with healthcare providers, financial institutions, educational facilities, and government agencies. The document must be properly executed before a notary and may require supporting documentation such as medical certificates or court orders.

What sections should be included in a Guardianship Affidavit?

1. Identity Declaration: Full legal names, addresses, and identification details of the person making the affidavit (affiant) and the proposed ward

2. Relationship Statement: Description of the relationship between the affiant and the ward, including duration and nature of the relationship

3. Capacity Statement: Declaration of the affiant's legal capacity to serve as guardian and confirmation of no legal impediments

4. Ward's Situation: Details about the ward's current living situation, medical condition, or circumstances necessitating guardianship

5. Scope of Guardianship: Specific powers and responsibilities being requested or declared (personal care, financial matters, medical decisions, etc.)

6. Duration of Guardianship: Intended duration of the guardianship arrangement (permanent, temporary, or contingent)

7. Legal Authority: Reference to relevant Belgian laws and regulations authorizing the guardianship

8. Declaration of Truth: Formal sworn statement confirming the truth of all information provided

9. Execution: Signature block, notarization requirements, and witness provisions

What sections are optional to include in a Guardianship Affidavit?

1. Co-Guardian Provisions: Required when there are multiple guardians, detailing how responsibilities are shared

2. Medical Decision-Making: Detailed section needed when guardian will have authority over medical decisions

3. Financial Management: Required when guardian will manage financial affairs, including specific powers and limitations

4. Education Provisions: Needed for guardianship of minors, detailing educational decision-making authority

5. Emergency Powers: Optional section defining guardian's authority in emergency situations

6. Temporary Delegation: Required when guardian needs ability to temporarily delegate authority

7. Cross-Border Provisions: Needed when ward or guardian may travel/reside in other EU countries

What schedules should be included in a Guardianship Affidavit?

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

2. Schedule B - Medical Documentation: Relevant medical certificates or assessments supporting need for guardianship

3. Schedule C - Asset Inventory: Detailed list of ward's assets if financial guardianship is included

4. Schedule D - Care Plan: Detailed plan for ward's care and maintenance

5. Schedule E - Contact List: List of important contacts including medical providers, family members, and relevant authorities

6. Appendix 1 - Consent Forms: Any required consent forms from family members or other relevant parties

7. Appendix 2 - Court Orders: Copies of any existing court orders or legal documents relating to the ward

Authors

Alex Denne

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

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Affidavit

Cost

Free to use

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