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.
Arkansas Nomination or Selection of Guardian by Minor — A Detailed Description In the state of Arkansas, nomination or selection of a guardian by a minor plays a crucial role in determining who will be responsible for the minor's care and well-being in the event of their parents' absence, incapacity, or untimely demise. This process is governed by specific laws and procedures that safeguard the best interests of the minor. The nomination or selection of a guardian can be categorized into two types: testamentary and emergency. 1. Testamentary Guardianship: This type of guardianship is established through a legal document known as a testament, will, or testamentary appointment. In Arkansas, minors who are 14 years or older have the right to nominate a guardian of their choice in the event of their parents' death or incapacity. However, the court retains the authority to confirm or reject the minor's nomination based on the best interests of the child. To exercise testamentary guardianship in Arkansas, the minor must: — Be of age 14 or older— - Clearly express their preference for a particular individual to serve as their guardian in a written document. — Provide reasons for their choice and demonstrate the nominee's qualifications and ability to provide for their needs. — Sign the testamentary nomination in the presence of two competent witnesses who are not beneficiaries of the will. The nominated guardian can also petition the court for a testate guardianship if the minor is below the age of 14 or if the court deems it necessary to assess the nominated guardian's suitability. 2. Emergency Guardianship: This type of guardianship is designated for situations where the immediate appointment of a guardian is necessary to protect the minor's welfare. An emergency guardian can be appointed if the child faces imminent danger or risk due to the parents' absence, incapacity, or any other reasons. The process of selecting an emergency guardian involves: — Filing a petition with the circuit court in the county where the minor resides or is present. — Clearly stating the reasons for the emergency appointment of a guardian and providing supporting evidence. — Notifying all interested parties, including the minor if they are aged 14 or older, to ensure their voice is heard. — The court holds a hearing to evaluate the petition and may appoint a temporary emergency guardian if deemed necessary. — The appointed guardian assumes immediate responsibility for the minor's welfare, including making decisions related to their education, medical care, and general upbringing. It is essential to note that both types of guardianship in Arkansas allow the nominated or appointed guardian to provide for the minor's physical, emotional, educational, and medical needs. The court ensures that the best interests of the child are upheld and may review the guardianship periodically to reassess the appropriateness of the appointed guardian's role. In conclusion, Arkansas nomination or selection of a guardian by a minor involves either testamentary or emergency guardianship. These legal processes enable minors to have a voice in determining who will care for them in the absence of their parents and ensure that their overall wellbeing is protected.
