Indiana Nomination or Selection of Guardian by Minor

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


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

There are different types of guardianships in Indiana including limited guardianship, guardian ad litem, veterans administration guardianship, temporary guardianship, and de facto guardianship.

In order to get guardianship of a minor child, you must explain to the court how a guardianship is in the best interest of the child and ask the court to appoint you as the guardian. Look through our self-help forms, videos, and linked resources on Guardianship in Indiana.

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.

You must prove to the court that the guardianship is no longer necessary. This might seem like an easy standard to meet, but many courts also consider whether ending the guardianship is in ?the best interests of the child.? In Indiana, it is presumed that a natural parent is the best custodian of a child.

Reasons a Judge Will Terminate Parental Rights Mental illness or disability interfering with the ability to care for the child. Conviction or incarceration of the parent. Alcohol and/or substance abuse. Severe, chronic neglect.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Duties include providing the child with a safe, stable and appropriate home; adequate food and clothing; education; and basic health, mental health and dental care. Rights include the authority to consent to school enrollment and health and mental health services as well as to make decisions on behalf of the child.

Does guardianship override parental rights in Indiana, or do they cease to exist? In short, receiving an order of guardianship does not typically terminate parental rights in Indiana. The general idea behind guardianship is that it is temporary and reunification is the goal of the court system.

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Indiana Nomination or Selection of Guardian by Minor