California Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
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Instant download

Description

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.

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FAQ

You can write a letter naming a guardian and place it with your important papers or write the name of the proposed guardian in your will. But if both parents are dead, the Court must appoint the guardian. The Court will try to appoint the person you nominate.

If a claim occurs while the nominee is still minor, the life insurer will pay the benefit amount to the guardian/custodian of the child. The custodian has to invest the money safely so that it can be used for the welfare of the minor beneficiaries.

A guardianship of the estate is set up to manage a child's income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate.

The child's parents can no longer make decisions for the child while there is a guardianship. The parents' rights are suspended?not terminated?as long as a guardian is appointed for a minor. If you wish, you may ask the parents for their opinions about matters relating to the child.

Letters are the name of the form used to prove to financial institutions and others that a guardian has been appointed by the court and can take actions on behalf of the ward or conservatee.

As of , the average hourly pay for a Public Guardian in California is $60.22 an hour. While ZipRecruiter is seeing salaries as high as $103.98 and as low as $14.71, the majority of Public Guardian salaries currently range between $39.90 (25th percentile) to $90.29 (75th percentile) in California.

The court orders that an adult (a guardian) other than a child's parent has the right to make legal decisions in a child's life and has responsibility for the child's care. For example, the guardian makes decisions about the child's medical care and where the child goes to school.

From the time the petition for guardianship is filed, it may take up to two months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation as to the appropriateness of the guardianship.

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California Nomination or Selection of Guardian by Minor