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Sole Guardian Affidavit for Germany

Sole Guardian Affidavit Template for Germany

A formal legal document prepared under German law that establishes and declares sole guardianship over a minor child. This affidavit serves as an official declaration of the guardian's legal authority and responsibilities, complying with German Civil Code (BGB) requirements and family law regulations. The document details the circumstances necessitating sole guardianship, outlines the guardian's rights and responsibilities, and includes necessary supporting documentation to verify the guardian's claims and authority. It is typically used in legal, educational, medical, and administrative contexts where proof of sole guardianship authority is required.

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What is a Sole Guardian Affidavit?

The Sole Guardian Affidavit is a crucial legal instrument under German law used when an individual needs to establish or confirm their position as the sole legal guardian of a minor child. This document becomes necessary in various situations, such as the death of one parent, sole adoption, or when one parent has lost or relinquished parental rights. The affidavit must comply with German Civil Code (BGB) requirements and typically requires notarization. It serves multiple purposes, including establishing authority for medical decisions, school enrollment, and international travel. The document is particularly important in Germany's legal framework as it provides clear documentation of guardianship status for institutions and authorities who need to verify the guardian's legal authority to act on behalf of the child.

What sections should be included in a Sole Guardian Affidavit?

1. Declaration Opening: Formal opening statement including date, place, and notary information as required under German law

2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit

3. Child Information: Full details of the child(ren) including full name, date of birth, and current residence

4. Basis for Sole Guardianship: Clear statement of the circumstances necessitating sole guardianship (death of other parent, sole adoption, court order, etc.)

5. Current Custody Status: Statement of current legal custody arrangement and any existing court orders

6. Guardian Responsibilities: Detailed outline of guardian's rights and responsibilities under German law

7. Declaration of Fitness: Affirmation of guardian's capability and suitability to serve as sole guardian

8. Legal Authority Statement: Specific powers and authority being requested or affirmed

9. Verification Statement: Formal declaration of truth and accuracy of all statements made

10. Signature Block: Space for signatures of declarant, notary, and any required witnesses

What sections are optional to include in a Sole Guardian Affidavit?

1. Other Parent Status: Details about absent parent's status - used when other parent is deceased, has abandoned the child, or has lost parental rights

2. Medical Authority: Specific medical decision-making powers - included when medical conditions require special attention

3. Education Authority: Specific educational decision-making powers - included when special educational needs exist

4. International Travel Authorization: Special provisions for international travel - needed if child may travel abroad

5. Property Management: Details of authority to manage child's property or inheritance - included when child has significant assets

6. Emergency Contacts: List of alternative emergency contacts - recommended when guardian travels frequently

7. Religious Upbringing: Specifications regarding religious education and practices - included when religious considerations are important

What schedules should be included in a Sole Guardian Affidavit?

1. Death Certificate: Copy of death certificate of deceased parent, if applicable

2. Court Orders: Copies of relevant court orders regarding custody or parental rights

3. Birth Certificate: Copy of child's birth certificate

4. Guardian Identification: Copies of guardian's identification documents

5. Medical Records: Relevant medical records if special medical authority is requested

6. Social Services Report: Report from Youth Welfare Office (Jugendamt) if applicable

7. Criminal Record Check: Guardian's police clearance certificate (Führungszeugnis)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Legal Services

Social Services

Family Services

Public Administration

Education

Healthcare

Child Protection

Social Welfare

Relevant Teams

Legal Operations

Family Law

Social Services

Child Protection

Legal Compliance

Document Management

Client Relations

Administrative Support

Risk Management

Relevant Roles

Family Lawyer

Legal Administrator

Social Worker

Child Protection Officer

Family Court Judge

Notary Public

Legal Guardian

Youth Welfare Officer

Family Services Coordinator

Legal Compliance Officer

School Administrator

Healthcare Administrator

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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