Guardianship Affidavit Form Template for Hong Kong

A Guardianship Affidavit Form is a sworn legal declaration that you must file when seeking to become a legal guardian in Hong Kong. This document serves as your formal statement to the court, declaring your intention, qualifications, and commitment to serve as a guardian for another person who cannot 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 whose parents are deceased, incapacitated, or otherwise unable to provide care. It's also required when seeking guardianship over an adult who lacks mental capacity due to illness, disability, or age-related conditions. The document is essential if you're formalizing an informal care arrangement that has developed over time, or if you need to modify existing guardianship arrangements. Additionally, you'll need this affidavit when emergency guardianship is required to protect a vulnerable person's interests, or when family disputes arise over who should serve as guardian.

Key legal considerations

Your affidavit must contain comprehensive information about your background, including your relationship to the ward, financial stability, and ability to fulfill guardian responsibilities. You must clearly state the basis for guardianship, whether due to the ward's minority status, mental incapacity, or other circumstances. The document should detail your intended responsibilities and how you plan to protect the ward's welfare and interests. You must declare any conflicts of interest and provide information about your criminal history, if any. The affidavit should include details about the ward's current living situation, medical needs, and financial circumstances. You must also address how you will manage the ward's property and make decisions about their healthcare, education, and general welfare.

Legal requirements in Hong Kong

Under the Guardianship of Minors Ordinance (Cap. 13), your affidavit must demonstrate that the proposed guardianship serves the child's best interests and welfare. The Mental Health Ordinance (Cap. 136) requires detailed medical evidence when seeking guardianship over mentally incapacitated adults. Your document must comply with the Oaths and Declarations Ordinance (Cap. 11), which means it must be sworn before a Commissioner for Oaths or Notary Public. The High Court Ordinance (Cap. 4) establishes the court's jurisdiction over guardianship matters, and your affidavit must address all relevant statutory requirements. You must provide supporting documentation, including medical reports, financial statements, and character references. The court will scrutinize your affidavit alongside other evidence to determine your suitability as a guardian and whether the guardianship arrangement serves the ward's best interests.