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.
Maine Notice to Minor to Nominate or Select Guardian is a legal document designed to allow a minor, who is at least 14 years old, to express their preferences and opinions regarding the selection of their future guardian in the event of their parents' incapacity or death. This notice not only offers minors a voice in the decision-making process but also ensures that their best interests are taken into consideration. The Maine Notice to Minor to Nominate or Select Guardian provides a platform for minors to nominate a guardian who they believe will fulfill their needs and wishes, considering factors like their emotional well-being, educational requirements, religious beliefs, and overall care. The guardian nominated by the minor may not necessarily be appointed by the court, but their preferences hold significant weight in the decision-making process. In Maine, there are different types of Notice to Minor to Nominate or Select Guardian documents based on the minor's age and the circumstances of the selection of a guardian. Some variations include: 1. Maine Notice to Minor to Nominate or Select Guardian for Testamentary Guardianship: This document is prepared by a minor, usually aged 14 or above, when making provisions for guardianship in their parents' will or estate plan. It allows the minor to express their preference for a guardian, ensuring their wishes are considered during the probate process. 2. Maine Notice to Minor to Nominate or Select Guardian to Court: In cases where a minor's parents are unable to care for them due to incapacity or death, this notice is submitted to the court to voice the minor's preference for a guardian. The court, although not bound by the minor's preference, takes it into account while making the final decision. 3. Maine Notice to Minor to Nominate or Select Temporary Guardian: This type of notice is used when a minor's parents are temporarily unable to care for them due to illness, military deployment, or other circumstances. The minor can voice their preference for a temporary guardian, ensuring continuity of care during the parents' absence. It is essential to consult an attorney or legal professional to understand the specific requirements and processes associated with each type of Maine Notice to Minor to Nominate or Select Guardian document. Filling out these notices promptly and thoroughly can make a substantial difference in ensuring the minor's well-being and guaranteeing their desires are given due respect when selecting an appropriate guardian.
