Idaho Petition for Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03326BG
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Word; 
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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.

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FAQ

(1) A guardianship terminates upon the death of the ward or upon order of the court. (2) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian.

Guardians have the same powers and responsibilities as a child's parent except they are not legally obligated to provide for the minor from their own funds. A guardian must take reasonable care of the minor's personal effects.

A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor.

(d) The temporary guardian's authority may not exceed six (6) months unless extended for good cause. Only one (1) such extension may be made, and the extension period must not last longer than six (6) additional months.

(2) "Abandoned" means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact.

Any relative of the minor, the minor if he/she is over 14 years old, or any person interested in the welfare of the minor may petition for guardianship. WHERE SHOULD I FILE FOR GUARDIANSHIP? Petitions for guardianship should be filed with the magistrate court in the county where the minor child lives.

Under the Idaho Code, a guardianship is ordered by the court only to the extent required by the ward's actual limitations. A limited guardian has only those powers and duties specified in the court order.

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Idaho Petition for Notice to Minor to Nominate or Select Guardian