Florida Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
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

The guardianship process is as follows: A petition is filed. Any competent adult may file with the court a petition to determine another person's incapacity. ... A hearing is held. The court will hold a hearing to review the reports of the examining committee. ... If necessary, a guardian will be appointed.

After the death or incapacitation of the child's parents, members of the family interested in the child will petition the court for guardianship. The court will then review the petitions and select the most appropriate guardian for your children.

This declaration is made while the you are competent. The document will state that the person who you would like named to be your guardian and this person will only serve when the you become mentally incapacitated (when the court determines you can no longer make decisions on their own).

Designating pre-need guardianship for a minor allows parents to plan in advance for the possibility that someone other than themselves may need to make these important decisions on their child's behalf at some point and to ensure the person appointed to do so is someone they trust.

Guardianship is only warranted when no less restrictive alternative?such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive?is found by the court to be appropriate and available. Florida law allows both voluntary and involuntary guardianships.

(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant's incapacity.

Becoming a Guardian in Florida By signing a power of attorney, your parent consents to the guardianship. This process does not require going to court; it can save time and money compared to filing a petition with the local court.

A Declaration of Guardianship is a legal document that indicates your preference to the court regarding who you want to serve as guardian if there is ever a guardianship proceeding for you. Your declaration of guardianship can address your preference for: Guardian for Your Minor Children. Guardian of Your Estate.

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Florida Notice to Minor to Nominate or Select Guardian