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Guardian Affidavit for Hong Kong

Guardian Affidavit Template for Hong Kong

A formal sworn statement made under Hong Kong law that establishes or confirms guardianship arrangements for a minor or incapacitated person. The document contains detailed declarations about the proposed guardian's qualifications, responsibilities, and relationship to the ward, along with information about the ward's circumstances and needs. It must comply with Hong Kong's Guardianship of Minors Ordinance (Cap. 13) and related legislation, and requires proper execution before a Commissioner for Oaths or notary public to be legally valid.

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What is a Guardian Affidavit?

The Guardian Affidavit is a crucial legal document used in Hong Kong when establishing or confirming guardianship arrangements. It serves as a formal sworn statement that provides essential information about the proposed guardian, the ward (whether a minor or incapacitated person), and the circumstances necessitating the guardianship. This document is typically required by courts, government agencies, and other institutions to verify the guardian's authority and responsibilities. The affidavit must comply with Hong Kong's legal requirements, particularly the Guardianship of Minors Ordinance (Cap. 13) and the Mental Health Ordinance (Cap. 136) where applicable. It includes detailed information about the guardian's qualifications, the ward's needs, and the proposed care arrangements, making it a fundamental document in protecting vulnerable individuals' interests.

What sections should be included in a Guardian Affidavit?

1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit

2. Affiant Information: Full legal name, address, occupation, and relationship to the ward/minor

3. Ward/Minor Information: Full details of the person for whom guardianship is being established, including full name, date of birth, and current address

4. Basis for Guardianship: Clear statement of the reasons why guardianship is necessary and the circumstances leading to this application

5. Guardian Qualifications: Statement of the affiant's qualifications and ability to serve as guardian, including any relevant experience or relationships

6. Guardian Responsibilities: Detailed description of the responsibilities the guardian will undertake

7. Financial Circumstances: Declaration regarding the ward's financial situation and how their financial affairs will be managed

8. Declaration of Truth: Formal statement affirming that all information provided is true and correct

9. Execution Block: Space for signature, date, and notary/commissioner for oaths details

What sections are optional to include in a Guardian Affidavit?

1. Current Caregiver Information: Details of current caregivers or guardians, if applicable - used when there is a transfer of guardianship

2. Medical Information: Details of the ward's medical conditions and care requirements - included when guardianship involves medical decision-making

3. Educational Provisions: Plans for the ward's education - included when the ward is school-aged

4. Property Management: Details of how the ward's property will be managed - included when the ward owns significant assets

5. Emergency Contacts: List of additional emergency contacts - included when there are other relevant family members or professionals involved

6. Previous Guardianship History: Information about any previous guardianship arrangements - included when there is relevant history

7. Immigration Status: Details of immigration status if relevant - included for international cases or non-permanent residents

What schedules should be included in a Guardian Affidavit?

1. Schedule A - Identity Documents: Copies of identification documents for both guardian and ward

2. Schedule B - Supporting Documents: Additional documentation supporting the need for guardianship (e.g., medical reports, death certificates of parents)

3. Schedule C - Financial Statement: Detailed statement of the ward's assets and financial situation if applicable

4. Schedule D - Character References: Letters or statements from character references supporting the guardian's application

5. Schedule E - Consent Forms: Any relevant consent forms from other family members or current guardians

6. Appendix 1 - Care Plan: Detailed plan for the care and welfare of the ward

7. Appendix 2 - Medical Reports: Copies of relevant medical reports or assessments if applicable

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Letter of Authority

Sector

Banking

Cost

Free to use
Relevant legal definitions



























Clauses
























Relevant Industries

Legal Services

Social Services

Healthcare

Education

Financial Services

Public Administration

Immigration Services

Child Protection Services

Family Services

Mental Health Services

Relevant Teams

Legal

Social Services

Compliance

Family Law

Client Services

Administrative Support

Child Protection

Document Management

Risk Management

Healthcare Administration

Relevant Roles

Legal Counsel

Social Worker

Family Law Attorney

Guardian ad Litem

Healthcare Administrator

School Administrator

Immigration Officer

Court Clerk

Probate Officer

Child Protection Officer

Mental Health Professional

Family Services Coordinator

Trust Officer

Compliance Officer

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Teams

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