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.
The Minnesota 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. This petition is applicable in situations where a minor's parents are unable to care for them due to death, incapacitation, or other circumstances. This petition serves as a way for minors to express their preferences and help guide the court in making decisions related to their custody and well-being. By allowing minors to have a voice in the selection process, the court aims to ensure that the chosen guardian is someone who can provide a safe and nurturing environment for the child. The Minnesota Petition for Notice to Minor to Nominate or Select Guardian comes in two different types, namely: 1. Petition for Notice to Minor to Nominate Guardian: This type of petition allows the minor to nominate a potential guardian of their choice. It provides an opportunity for the minor to express their preferences and ensure that their desires are taken into consideration during the selection process. 2. Petition for Notice to Minor to Select Guardian: This type of petition grants the minor the authority to directly select their preferred guardian, without the need for court approval. The court usually respects the minor's choice unless there are substantial reasons to believe that the selected guardian is not suitable for the child's best interests. In both types of petitions, it is essential to include relevant information such as the minor's full name, date of birth, current address, and the reason(s) they require a guardian. Additionally, details about their preferred guardian, including their full name, address, relationship to the minor, and reasons why they believe the selected person will provide a suitable environment for them, must also be included. The form should be filled out accurately and thoroughly to ensure it effectively conveys the minor's wishes to the court. It is important to note that the Minnesota Petition for Notice to Minor to Nominate or Select Guardian is a legal document that should be prepared and filed with the appropriate court. It is recommended to seek legal advice or consult an attorney to ensure compliance with Minnesota state laws and to properly navigate the petition process.
