Idaho Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
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

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

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.

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.

Idaho Code § 5-514 defines ?transaction of business? as ?doing any act for the purpose of realizing pecuniary benefit or accomplishing or attempting to accomplish, transact or enhance the business purpose or objective or any part thereof of such company.? So if a company did not transact any business within Idaho, did ...

(1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the protected person, and to have all of the rights of the protected person, whether conferred by statute, rule of court, or otherwise.

(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.

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 Nomination or Selection of Guardian by Minor