In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Alabama Nomination or Selection of Guardian by Minor is a legal process that allows a minor to have a say in who will serve as their guardian if their parents are unable to fulfill that role. This process is governed by Alabama state laws and can have different types depending on the circumstances. One type of Alabama Nomination or Selection of Guardian by Minor is known as a testamentary nomination. This occurs when a minor, who is at least 14 years old, expresses their preference for a specific individual to serve as their guardian in the event of their parents' incapacity or death. It is important to note that this nomination is not binding, but the court will consider it when making a final decision. Another type of nomination is called an emergency selection of a temporary guardian. This provision allows a minor, who is at least 14 years old, to request the appointment of a temporary guardian for a specific period of time. This temporary guardian could be a family member, friend, or individual deemed suitable by the court. This option is often sought when the minor's parents are temporarily unable to fulfill their parental responsibilities. The process for Alabama Nomination or Selection of Guardian by Minor starts with the minor filing a petition with the probate court where they currently reside. The petition should include their reasons for the nomination or selection of a guardian and any supporting documents or evidence. The court will then review the petition, consider the minor's wishes, and make a decision based on the best interests of the minor. Keywords: Alabama, nomination, selection, guardian, minor, testamentary nomination, emergency selection, temporary guardian, probate court, parents' incapacity, best interests.
