Affidavit of Guardianship Philippines: Free Template, Requirements, & How to File

Introduction: What Is an Affidavit of Guardianship?

An Affidavit of Guardianship is a legal document in the Philippines used to declare that a person (not the biological parent) has legal authority and responsibility over a minor child. It’s often needed when parents are absent, working abroad, deceased, or otherwise unable to care for the child.

This sworn statement must be notarized and often includes:

• The guardian’s relationship to the child

• The reason for guardianship

• A list of responsibilities being taken on (education, healthcare, etc.)

• A declaration that the guardian accepts full accountability

✍️ It serves as proof when enrolling a child in school, accessing government support, or giving medical consent.

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Why and When Is It Needed?

You’ll need an Affidavit of Guardianship in many life situations, including:

• Enrolling a minor in public or private school

• Applying for a passport or travel documents

• Signing for medical procedures or insurance claims

• Receiving inheritance on behalf of a minor

• OFWs granting guardianship while working abroad

• Parents who are incapacitated, missing, or deceased

📌 It is not the same as a court-issued guardianship but can be used for routine legal and administrative purposes.

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Is It Legally Required?

In many cases, yes — especially when:

• The guardian is not the biological parent

• There’s no court order appointing a guardian

• Legal documents or institutions (schools, banks, hospitals) ask for proof of guardianship

⚠️ It’s not valid in place of a court-issued guardianship in complex legal matters like custody disputes, adoption, or estate management over ₱500,000. In those cases, a petition for guardianship is required in court.

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Who Can File an Affidavit of Guardianship?

Generally, the following can act as guardians:

• Grandparents

• Aunt/Uncle

• Older siblings (over 18)

• Relatives or trusted family friends (with the parent’s consent)

• Step-parents

You must be of legal age, mentally fit, and capable of performing guardianship duties. Some cases may require the consent of the parents (if living), or death certificates (if parents are deceased).

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Affidavit of Guardianship vs. Court-Appointed Guardianship

🧑‍⚖️ If you’re managing a minor’s large inheritance or involved in custody disputes, you’ll need to file for judicial guardianship.

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Common Scenarios Where This Affidavit Is Needed

🏫 1. For School Enrollment

If the guardian is enrolling a minor in school, DepEd may require a notarized affidavit showing the guardian’s authority.

🩺 2. For Medical Consent

Hospitals and clinics often require a notarized affidavit before they allow non-parents to sign medical waivers or request treatments.

🛂 3. For Passport Application

The Department of Foreign Affairs (DFA) may request this document when the parent is absent or abroad, especially for minor passport renewals.

💼 4. For Inheritance or Property Management

If a child is receiving property or money, an affidavit may be requested to appoint a guardian for transactions.

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Types of Guardianship in the Philippines

Here are the main categories:

1. Legal Guardian

Appointed by a court after a formal petition.

2. De Facto Guardian

Assumes responsibility without court orders — often through affidavits.

3. Testamentary Guardian

Named in the will of a deceased parent.

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Affidavit of Guardianship Sample Template (Free)

You may copy, edit, and print this for use. Always have it notarized after filling it out.

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AFFIDAVIT OF GUARDIANSHIP
Republic of the Philippines
Province of ____________
City/Municipality of ____________

I, [Name of Guardian], of legal age, Filipino, single/married, and a resident of [Complete Address], after being duly sworn in accordance with law, do hereby depose and state that:

1. I am the [relationship] of the minor child [Child’s Full Name], born on [Date of Birth], currently residing at [Child’s Address].

2. The parents of said minor are [Name of Mother] and [Name of Father] who are currently [state reason – e.g., working abroad, deceased, separated, etc.].

3. I have voluntarily and willingly assumed the responsibility for the care, custody, education, and overall well-being of the said minor.

4. I understand and accept all responsibilities as the guardian of the minor.

5. I am executing this affidavit to attest to the truth of the foregoing and for all legal purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 2026 at ____________, Philippines.

[Signature]
[Printed Name]
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ____________, 2026 in ____________, Philippines. Affiant personally appeared before me and exhibited valid ID no. ____________.

NOTARY PUBLIC

Requirements to Prepare Before Filing

Before filing or notarizing your Affidavit of Guardianship, make sure you have the following:

✅ Valid government-issued ID of the guardian (e.g., passport, driver’s license, UMID, or voter’s ID)
✅ Birth certificate of the minor (from PSA)
✅ Proof of relationship (if not directly evident from the birth certificate)
✅ Death certificate (if parents are deceased)
✅ Letter of consent (if one or both parents are living but unable to care for the child)
✅ Proof of residency (barangay certificate or utility bill)

Optional but helpful:

• Medical records (for special needs children)

• School records

• Pictures or other proof of actual guardianship

📌 Having these on hand will avoid delays during notarization or when submitting to schools or agencies.

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Step-by-Step Guide to Writing the Affidavit

Here’s how to create a valid and legally accepted affidavit:

✅ Step 1: Write Your Draft

Use the free template provided above. Fill in:

• Your complete name and address

• The minor’s full name and birth details

• Your relationship to the minor

• The reason for guardianship

✅ Step 2: Print and Review

• Print on long bond paper (8.5 x 13 inches)

• Double-check for spelling errors and complete details

• Have a witness (if needed, depending on the notary’s requirement)

✅ Step 3: Prepare Valid ID

Bring original and photocopies of valid IDs for both guardian and (if possible) the minor.

✅ Step 4: Go to a Notary Public

Visit any licensed notary public in your city or town. Some lawyers offer mobile or barangay notarization.

✅ Step 5: Sign in Front of the Notary

Don’t sign it beforehand. The notary must witness your signature.

✅ Step 6: Keep Multiple Copies

Make at least 3–5 copies: one for yourself, one for the school/agency, and extras for future use.

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How to Notarize Your Affidavit

Notarization confirms that:

• The affiant personally appeared

• The ID is valid

• The statements were made voluntarily

The notary will:

• Read through the affidavit

• Confirm your identity

• Affix their notarial seal and stamp

• Register the document in their Notarial Book

⚖️ Notarized affidavits are considered public documents admissible in court and official transactions.

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Cost of Notarization

The notarization fee for an Affidavit of Guardianship usually ranges between:

• ₱150 to ₱500, depending on:

  • The complexity of the document

  • The lawyer’s location (higher in cities)

  • If mobile notarization is required (can be ₱700–₱1,000)

💡 Tip: Ask for an OR (official receipt) to ensure you’re dealing with a licensed notary.

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Can It Be Used in Court?

Yes — but with limitations.

A notarized affidavit can be used as supporting evidence, especially in non-contested cases (e.g., school documents, medical decisions, etc.). However, for court-appointed guardianship or estate management over ₱500,000, you’ll need to file a petition in court.

🧑‍⚖️ Use an affidavit for day-to-day needs, but go through the courts for legal battles, property matters, or custody disputes.

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When Is Court Approval Required?

You must go to court if:

• There’s a dispute over guardianship

• The child is receiving or inheriting significant assets or property

• The guardian wants full custody rights

• The guardian is not a relative, and legal authority is questioned

• You’re applying for legal adoption or change of custody

In these cases, file a Petition for Guardianship under Rule 93 of the Rules of Court with the Family Court or Regional Trial Court (RTC).

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Affidavit of Guardianship for Overseas Filipino Workers (OFWs)

Many OFWs draft this affidavit to authorize a trusted family member to act on behalf of their children.

✈️ Here’s how:

• Draft and notarize the affidavit at the Philippine Embassy or Consulate abroad

• Include a Special Power of Attorney (SPA) if needed

• Send the original via courier to the Philippines

• Submit to the child’s school or medical institution

📌 Some embassies also offer consularized versions that carry more legal weight.

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How Long Is the Affidavit Valid?

There is no fixed expiration, but:

• Most schools and institutions accept it for 1 academic year

• Medical institutions may ask for updated versions annually

• DFA (passport purposes) may require current-year affidavits

To be safe, renew every year or when circumstances change (e.g., change of guardian, relocation, etc.).

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Can a Guardian Receive Government Benefits on Behalf of the Child?

Yes — in some cases.

With an affidavit, guardians may claim:

• Educational subsidies (e.g., 4Ps, TES, LGU aid)

• Medical benefits (e.g., PhilHealth, PCSO)

• Financial assistance during calamities

⚠️ However, some agencies require additional legal proof, such as:

• A DILG/DSWD evaluation

• Barangay certification

• Court order (for inheritance, pensions)

Always ask the agency what level of documentation they require.

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Possible Legal Issues and How to Avoid Them

An Affidavit of Guardianship may be challenged or questioned if:

❌ There is another person claiming guardianship
❌ The minor’s parents are unaware or oppose the arrangement
❌ The affidavit is not notarized or contains false information
❌ It’s used to illegally claim property or assets

💡 To avoid problems:

• Always notify the biological parents (if alive)

• Be truthful and transparent

• Only use the affidavit for lawful purposes

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Where to File or Submit the Affidavit

This depends on your purpose:

🏫 Always bring the original plus photocopies when submitting.

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Conclusion: What to Remember Before Filing

The Affidavit of Guardianship is a powerful but simple document that allows a responsible adult to legally represent a minor in educational, medical, and legal settings. It’s easy to create, affordable to notarize, and often essential for day-to-day life — especially when parents are not around.

Here’s your checklist:

✅ Use the correct format
✅ Prepare valid IDs and supporting documents
✅ Notarize the affidavit properly
✅ Use it only for lawful, specific purposes
✅ Renew when necessary

✍️ Need one today? Use our free template, fill it out, and head to the nearest notary public.

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FAQs About Affidavit of Guardianship in the Philippines

1. Does it replace a court order?
No. It’s valid for routine matters but not a replacement for court-issued guardianship in legal disputes or asset management.

2. Can I use it for adoption purposes?
No. Adoption requires a separate legal process under the DSWD and family courts.

3. Do both parents have to be absent for me to use this?
Not necessarily. One parent’s written consent may be enough, especially for school or medical needs.

4. How long does notarization take?
Usually 15–30 minutes. Some notaries also offer same-day appointments.

5. Can I get a free notarization?
Some LGUs and barangays offer free notarization during legal aid caravans or special events.