The Affidavit of Guardianship is a formal legal instrument used to declare that an individual has assumed the legal authority and responsibility to care for another person, known as the 'ward.
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' In Nigeria, this usually applies to the care of minors (children under 18) who are not the biological children of the deponent, or for adults who are incapacitated and unable to manage their own affairs due to age or illness.
Context and Necessity
This affidavit is pivotal when a child is living with relatives—such as an uncle, aunt, or grandparent—instead of their biological parents.
This situation is common in Nigeria, where children often move to cities to live with extended family for better schooling opportunities.
Schools, hospitals, and travel agencies require proof that the relative has the legal standing to make decisions for the child.
Without this affidavit, a non-biological parent may face challenges enrolling the child in school or authorizing emergency medical treatment.
Bank Accounts and Official Records
Another major use is for opening bank accounts for minors.
Banks are mandated by 'Know Your Customer' (KYC) policies to verify the relationship between the account opener and the minor.
If the opener is not the biological parent, an Affidavit of Guardianship is the standard requirement to proceed.
Content and Responsibility
The affidavit must specify the relationship between the guardian and the ward.
It must state why the biological parents are not the primary caregivers (e.
g.
, they are deceased, living abroad, or financially unable).
The guardian must explicitly depose that they are responsible for the feeding, education, medical care, and general welfare of the ward.
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