Kentucky Nomination or Selection of Guardian by Minor

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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

Guardianship versus parental rights Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody.

Programs & Services Full Guardianship/Full Conservator ? The Cabinet is responsible for the personal and financial needs of the ward. ... Personal Guardian ? A court finds the ward fully disabled in his/her personal affairs and appoints a personal guardian who is responsible for only personal affairs of the ward.

How Long Does the Guardian/Conservator Appointment Last? A guardian or conservator is usually appointed without an end date. But the judge can set a limited appointment. A limited guardian or limited conservator appointment can't be for more than 5 years.

Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.

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.

There are four types of Guardians They are: the Guardian Supervisor (ESTJ), Guardian Inspector (ISTJ), Guardian Provider (ESFJ), and Guardian Protector (ISFJ). Supervisors are highly social and community-minded, with many rising to positions of responsibility in their school, church, industry, or civic groups.

A competent individual may sign a Power of Attorney allowing another adult to handle their affairs while still maintaining their personal rights. A Power of Attorney does not require court involvement. Adults may also designate a health care surrogate prior to incapacitation.

But, in general, the main differences between the two are who can take on each role, that person's main responsibilities and the length of the arrangement. As we've covered, custody is granted to parents or to someone with a parent-like relationship to a child; guardianship is appointed to someone other than a parent.

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Kentucky Nomination or Selection of Guardian by Minor