Kentucky 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

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.

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.

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.

In Kentucky, guardianship is a legal relationship between a court-appointed adult who assumes the role of guardian for a ward. A ward is a person who has been declared legally disabled by the court and is no longer able to care for his or her personal and/or financial needs.

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.

The judge will write a court order appointing a guardian or conservator as indicated by the jury findings and designating those areas in which the individual is authorized to act in behalf of the disabled person. The court order will be filed with the court but must also be indexed in the county clerk's office.

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.

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Kentucky Notice to Minor to Nominate or Select Guardian