Guardianship Affidavit

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If you spend enough time perusing the internet recently, you must have come by to a post related to #FreeBritney movement. After the BBC aired the documentary called ‘Framing Britney Spears’ in February 2021, it sparked, not just one, but many conversations about Britney Spears’ father, Jamie Spears, who has been her conservator for twelve years. Because of that, Jamie controls Britney’s assets including estate and money. Although a conservator is not similar to a guardian, many people think they are the same. But how to file for guardianship? Who is qualified to be a guardian? What are the responsibilities that come along with it? The answer to the first question is that a Guardianship Affidavit should be made to initiate the guardianship proceedings. The remaining questions will be answered if you continue reading below. Read More

 

What Is a Guardianship Affidavit?

In general, guardianship is the position of being legally responsible for taking care of someone who is unable to manage their own affairs. An Affidavit of Guardianship is a legal document used when someone wants to be responsible for someone else who is unable to survive on their own. Legal guardianship is one of the options parents can avail if they are planning for their children’s care without them around due to a variety of situations, such as illness or incarceration. It allows parents to appoint a caregiver and give him or her certain legal rights regarding the care of the children.

 

How Do You Make a Guardianship Affidavit Using a Template?

Making an affidavit is easy. Because there is no one way to create one, you can try several things like getting an affidavit from your local court or letting an attorney write an affidavit for you. Yet, you can create on your own by using a template. Follow the steps below to keep you guided. 

Use a Template 

Working on a template is one of the most effective ways to help you structure an affidavit. The best thing about using a template is that there is no need to start from the bottom and most especially it is cost-efficient. Have you checked out our collection of templates? If not, then it is your chance to download a stencil suitable for your affidavit-writing task. Since a template comes in with suggested content, you can modify it as needed or leave it as it is. 

Edit Your Template

To help you to customize, you need an editing tool. Choose an editing tool that is compatible with your template file format. You will know if you can work on an editing tool if it is featured on the website where you get your template from. Otherwise, it would be difficult to modify your template. But before you get started, ensure that you know what an affidavit looks like. This will help you put everything in order. Thus, let us get started with the title.

Provide a Title and Identify the Affiant

Your affidavit’s title needs to capture the attention of the readers. What better way to do that than placing on the topmost part of the document, written in bolder font size than the rest of the words in the affidavit. Keep in mind that your audience is busy people who have a lot of things to do. For this instance, the title must tell right away what the affidavit is all about. Right after the title, identify the affiant or the person who will be the guardian. If you are making an affidavit for a client, it is important to collect all relevant information such as the affiant’s name, and complete address (street, city, state, and zip code).

Add Exhibits and Sign the Affidavit

Include relevant exhibits or other documents that need to be referenced and label them in a numbered sequence in your affidavit. Even though this is not mandatory but is highly recommended since it can make the approval process faster and a lot smoother. Also, mention responsibilities of the affiant by outlining the facts. Lastly, get the affidavit notarized to make it valid.

FAQs

Who can be a guardian for a minor?

The requirements for guardianship depends on what state you are living in. The most common person who can be a guardian for a minor is someone who will act in the best interests of the child. On the other hand, the minor can nominate a guardian if he or she is fourteen years old or older. But parental nomination will generally take priority.

What is the importance of being truthful in an affidavit?

Swearing something that is not true in an affidavit is technically a violation of the law. With that, you can be fined or even imprisoned for committing a false statement. It is similar to lying on the stand in a court proceeding.

Where to get an affidavit?

There are a variety of sources where you can get an affidavit form depending on what affidavit you are pertaining to. Legal documents can be found by paying a visit to local courts or sometimes court websites if there are any. Further, you can find affidavit form templates on the internet and reliable resources online. In order to make an affidavit acceptable in the court of law, make sure to get it notarized.

Do I need a lawyer to write an affidavit?

Although an affidavit is considered a legal document, anyone can drafft one. It will be valid as long as it is signed, witnessed, and notarized properly. Hence, you do not need a lawyer to create an affidavit. Consequently, it is important to keep in mind that certain affidavits should contain specific information so that they will fulfill the purpose intended to be served and meet legal requirements. So when using an affidavit form, ensure that it provides relevant information needed.

What are the requirements for guardianship?

According to Nicolas and De Vega Law Offices, the court shall consider the guardian the following in appointing a guardian: (a) moral character; (b) physical, mental, and psychological condition; (c) financial status; (d) relationship of trust with the minor; (e) availability to exercise the powers and duties of a guardian for the full period of the guardianship; (f) lack of conflict of interest with the minor; and (g) ability to manage the property of the minor.

Being a guardian is not just about having the means to provide for someone. But it is a lot more. As a guardian, you have to be patient and kind. When all that is covered up, write an affidavit of guardianship to put everything in a legal place. If you are looking for a suitable template for your affidavit, visit our website now. We offer various ready-made documents just for you!