The Sole Guardian Affidavit is a critical legal document used in Belgian family law proceedings when an individual needs to establish legal guardianship of a minor child. This document becomes necessary in situations such as the death of parents, parental incapacity, or termination of parental rights. The affidavit must be prepared in accordance with Belgian Civil Code requirements and includes comprehensive information about the proposed guardian's qualifications, the minor's circumstances, and the scope of guardianship responsibilities. It serves as a formal declaration to the court and relevant authorities, supporting the legal process of guardian appointment. The document typically requires notarization and may need to be accompanied by various supporting documents such as birth certificates, death certificates, or medical reports, depending on the specific circumstances of the case.
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1. Declaration and Identification: Opening statement identifying the affiant (proposed guardian) including full legal name, address, date of birth, and relationship to the minor
2. Minor's Information: Complete details of the minor including full name, date of birth, current address, and any identifying registration numbers
3. Circumstances Necessitating Sole Guardianship: Detailed explanation of the circumstances requiring sole guardianship (death of parents, incapacity, termination of parental rights, etc.) with relevant dates and details
4. Legal Authority: Statement of legal basis for claiming guardianship under Belgian law, citing relevant sections of the Civil Code
5. Guardian Qualifications: Details of the proposed guardian's qualifications, ability, and suitability to serve as sole guardian
6. Scope of Guardianship: Comprehensive outline of the guardian's intended responsibilities and authority regarding the minor's personal care, education, and welfare
7. Declarations of Truth: Formal statements affirming the truth of all information provided and acknowledging legal consequences of false statements
8. Execution: Date, signature, and notarization section
1. Property Management: Section detailing the guardian's authority and responsibilities regarding the minor's property and financial affairs, required when the minor has significant assets or inheritance
2. Medical Authority: Specific provisions regarding medical decision-making authority, particularly important when the minor has ongoing medical conditions
3. Education Plans: Detailed plans for the minor's education, required when specific educational arrangements need to be documented
4. Contact with Other Family Members: Provisions regarding the minor's contact with other family members, needed when maintaining specific family relationships is important
5. International Travel Authorization: Specific provisions regarding authority for international travel, needed when regular international travel is anticipated
6. Special Needs Provisions: Additional provisions for minors with special needs or disabilities, including specific care requirements and support arrangements
1. Birth Certificate: Certified copy of the minor's birth certificate
2. Death Certificates: Certified copies of death certificates of parents (if applicable)
3. Medical Reports: Any relevant medical reports supporting the need for guardianship or documenting parental incapacity
4. Criminal Record Check: Recent criminal record check of the proposed guardian
5. Financial Statement: Statement of the minor's assets and financial resources (if applicable)
6. Supporting Declarations: Declarations from family members, professionals, or other relevant parties supporting the guardianship application
7. Previous Court Orders: Copies of any relevant previous court orders regarding custody or guardianship
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