Guardianship Affidavit Form Template for Germany

A Guardianship Affidavit Form is essential when you need to establish legal guardianship in Germany. This sworn statement (Eidesstattliche Versicherung) provides German courts with the necessary information to evaluate your suitability as a guardian and ensure the proper protection of vulnerable individuals who cannot fully care for themselves.

When do you need this document?

You need a Guardianship Affidavit Form when applying to become a legal guardian for a minor child whose parents have died or become incapacitated, or for an adult who cannot manage their affairs due to mental illness, disability, or other conditions. The document is required during court proceedings when you petition for guardianship appointment, whether you're a family member, close friend, or professional guardian. German courts also require this affidavit when existing guardianship arrangements need modification or when transferring guardianship responsibilities to a new person.

Key legal considerations

Your affidavit must include comprehensive information about your personal circumstances, financial stability, and relationship to the proposed ward. You'll need to declare your understanding of guardianship duties, including making decisions about the ward's healthcare, education, living arrangements, and financial matters. The document requires detailed statements about why guardianship is necessary and how you plan to serve the ward's best interests. Be prepared to provide information about your criminal background, health status, and any previous experience with guardianship or caregiving responsibilities. Remember that making false statements in this sworn affidavit can result in perjury charges under German law.

Legal requirements in Germany

Under German Civil Code (BGB) sections 1773-1895, your Guardianship Affidavit must comply with strict formal requirements and be submitted to the appropriate family court (Familiengericht). The Act on Proceedings in Family Matters (FamFG) sections 151-168 governs the procedural aspects, requiring that your affidavit be notarized or sworn before court officials. The Youth Welfare Office (Jugendamt) must review your application under Social Code Book VIII section 55, particularly for minor children. Your affidavit must be in German or include certified translations, contain your complete legal name and address, and include specific declarations about your qualifications and intentions as guardian. The court will verify all information provided and may require additional documentation or interviews before approving your guardianship petition.