Sole Guardian Affidavit for Switzerland

Sole Guardian Affidavit Template for Switzerland

A formal legal declaration under Swiss law where an individual affirms their status and capability as the sole guardian of a minor child or children. This document, governed by the Swiss Civil Code (ZGB), serves as an official statement detailing the circumstances necessitating sole guardianship, the declarant's qualifications and commitments, and relevant supporting information. It must be executed in accordance with Swiss cantonal requirements and typically requires notarization. The affidavit forms part of the legal documentation necessary for establishing or confirming sole guardianship rights and responsibilities within the Swiss legal framework.

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What is a Sole Guardian Affidavit?

The Sole Guardian Affidavit is a crucial legal document used in Swiss jurisdiction when an individual needs to formally declare and establish their position as the sole guardian of a minor. This document becomes necessary in various situations, such as the death of a parent, abandonment, or when one parent is unable or unwilling to exercise their parental rights. The affidavit must comply with Swiss Civil Code requirements and typically needs to be submitted to various authorities including the Child Protection Authority (KESB) and civil registry offices. It contains detailed information about the guardian's qualifications, the child's circumstances, and the guardian's commitment to fulfilling their responsibilities. The document plays a vital role in ensuring proper legal documentation of guardianship arrangements and protecting the child's interests within the Swiss legal system.

What sections should be included in a Sole Guardian Affidavit?

1. Declaration Header: Formal title and date of the affidavit, including the canton and municipality where it is being executed

2. Declarant Information: Full legal name, address, date of birth, nationality, and contact information of the person seeking sole guardianship

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

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

5. Current Care Arrangements: Description of existing living arrangements and care responsibilities for the child

6. Guardian Qualifications: Statement of declarant's ability and resources to serve as sole guardian

7. Guardian Commitments: Formal declarations regarding fulfillment of guardian duties and responsibilities under Swiss law

8. Truth Declaration: Formal statement affirming the truth of all declarations made in the document

9. Signature Block: Space for signature, date, and notary authentication

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

1. Other Parent Status: Include when other parent is living but unable/unwilling to exercise parental rights, or their whereabouts are unknown

2. Financial Resources: Include when specifically required by authorities to demonstrate financial capacity to care for the child

3. Medical Authorization: Include when specific medical decision-making authority needs to be established

4. Education Details: Include when specific educational decision-making authority needs to be established

5. Travel Authorization: Include when international travel authority needs to be explicitly stated

6. Support System: Include when relevant to demonstrate available family/community support network

What schedules should be included in a Sole Guardian Affidavit?

1. Birth Certificate: Certified copy of child's birth certificate

2. Death Certificate: If applicable, death certificate of deceased parent

3. Court Orders: Any existing court orders relating to custody or guardianship

4. Medical Records: Relevant medical documentation if guardianship is related to health issues

5. Financial Statement: Statement of financial resources and ability to provide for the child

6. Character References: Letters from respected community members attesting to guardian's capability

7. Police Clearance: Recent criminal record check of the proposed guardian

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

Switzerland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Public Administration

Social Services

Education

Healthcare

Immigration Services

Child Protection Services

Insurance

Banking

Relevant Teams

Legal

Social Services

Administrative Services

Child Protection

Public Relations

Compliance

Document Management

Family Services

Risk Management

Relevant Roles

Legal Counsel

Social Worker

Child Protection Officer

Civil Registrar

Immigration Officer

School Administrator

Healthcare Administrator

Family Court Judge

Notary Public

Legal Administrator

Child Welfare Specialist

Family Law Attorney

Public Guardian

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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