The Sole Guardian Affidavit is a crucial legal instrument in Austrian family law, typically required when an individual needs to establish or confirm their exclusive legal authority over a minor child. This document becomes necessary in various situations, such as when one parent has passed away, when sole custody has been granted by court order, or in cases of single adoption. The affidavit must comply with Austrian legal requirements and typically includes detailed information about the guardian, the child, the basis for sole guardianship, and specific declarations regarding the guardian's responsibilities. It serves as official documentation for schools, medical facilities, government agencies, and other institutions that require proof of legal guardianship authority. The document must be prepared in accordance with the Austrian Civil Code (ABGB) and related regulations, often requiring notarization to be legally valid.
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1. Title and Date: Formal title of the document as 'Sole Guardian Affidavit' (Alleinige Vormundschaftserklärung) and date of execution
2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit
3. Child Information: Full legal name, date of birth, and current residence of the child(ren) subject to guardianship
4. Basis of Guardianship: Declaration of the legal basis for sole guardianship (e.g., court order, death of other parent, sole adoption)
5. Current Family Situation: Description of current living arrangements and family circumstances
6. Guardian Responsibilities Declaration: Detailed statement of understanding and acceptance of guardian responsibilities under Austrian law
7. Best Interests Affirmation: Declaration that assuming sole guardianship is in the best interests of the child
8. Verification Statement: Statement verifying all information provided is true and correct under penalty of perjury
9. Signature Block: Space for affiant's signature, date, and notary authentication
1. Other Parent Status: Section detailing the status of the other parent when relevant (e.g., deceased, unknown, rights terminated)
2. Financial Responsibilities: Section describing financial arrangements and responsibilities when relevant to the guardianship
3. Medical Authority: Specific declaration of medical decision-making authority if needed for particular circumstances
4. Educational Authority: Specific declaration regarding educational decision-making if needed for school enrollment or special education decisions
5. Travel Authorization: Section regarding authority to travel with the child internationally, if relevant
6. Previous Court Orders: Section referencing any previous court orders affecting the guardianship, if applicable
1. Birth Certificate: Certified copy of the child's birth certificate
2. Court Order: Copy of court order establishing guardianship (if applicable)
3. Death Certificate: Copy of death certificate of deceased parent (if applicable)
4. Guardian Identification: Copy of guardian's government-issued identification
5. Residence Registration: Proof of current residence registration (Meldezettel)
6. Previous Custody Agreements: Copies of any previous custody or guardianship agreements
7. Supporting Letters: Letters from relevant authorities or professionals supporting the guardianship arrangement
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