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.
Maine Petition for Notice to Minor to Nominate or Select Guardian is a legal document that allows a minor to have a say in the selection of their guardian. It is an essential step in the process of determining who will care for the minor in case their parents are unable to. In Maine, there are two types of Petition for Notice to Minor to Nominate or Select Guardian: 1. Petition for Notice to Minor to Nominate Guardian: This type of petition enables a minor to suggest a potential guardian for themselves. It gives them the opportunity to express their preferences and concerns regarding their future caretaker. 2. Petition for Notice to Minor to Select Guardian: This type of petition allows a minor to actively participate in the decision-making process, giving them the power to select their guardian. The court considers the minor's opinion while determining the suitability of the guardian but reserves the final decision-making authority. The Maine Petition for Notice to Minor to Nominate or Select Guardian includes several crucial components: 1. Minor's Personal Information: This section captures the minor's full name, date of birth, current residence, and contact information. 2. Reason for Petition: Here, the petitioner must explain the reasons for seeking a guardian and why the minor should be involved in the selection process. It is essential to provide detailed and valid justifications to support the request. 3. Nomination/Selection of Guardian: In this portion, the minor can state their preference for a guardian (in the case of Petition for Notice to Minor to Nominate Guardian) or actually select a guardian (in the case of Petition for Notice to Minor to Select Guardian). The minor must provide the name, contact information, and relationship with the proposed guardian. 4. Consent from Proposed Guardian: If a guardian has been nominated or selected, this section should include their written consent to take on the responsibilities and obligations associated with being a guardian. They may also provide additional information about their qualifications and suitability for the role. 5. Signatures: The petition must be signed by both the minor (if capable) and the petitioner, usually a parent, legal guardian, or representative appointed by the minor. 6. Notarization and Filing: It is crucial to have the petition notarized by a certified notary public. The document should then be filed with the appropriate Maine court, following the specific filing instructions provided by the court. It is advisable to keep a copy of the petition for personal records. It is essential to consult an attorney or legal professional when preparing the Maine Petition for Notice to Minor to Nominate or Select Guardian, as the process and requirements may vary. The attorney can ensure that all legal obligations are met, increasing the chances of a successful petition while safeguarding the rights and best interests of the minor involved.
