Massachusetts 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

To file for guardianship of a minor in person, you should bring your completed forms to the Probate and Family Court in the county where the child lives, unless there is already an ongoing case involving the child in a Juvenile Court or District Court.

If the parents agree that the petitioner should be appointed guardian of the child, the court process is simple. The parents can tell the court that they ?assent? or ?consent? by signing a notarized waiver and consent to petition.

Duties and the responsibilities of the guardian usually include the following: Ensure the incapacitated party or minor is living in a safe and healthy environment. Provide for the adult or minor's everyday basic needs. Make medical-care decisions and arrange ongoing treatment.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

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.

A temporary guardianship generally lasts for less than 90 days. Temporary guardianship powers may be limited. The court will specifically order the temporary guardian's responsibilities. A temporary guardian will go back to court to extend the temporary guardianship until the guardianship becomes permanent.

This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.

Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.

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Massachusetts Notice to Minor to Nominate or Select Guardian