Minnesota Petition for Notice to Minor to Nominate or Select Guardian

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Multi-State
Control #:
US-03326BG
Format:
Word; 
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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.

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FAQ

(g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who dies or was adjudged incapacitated has priority.

(a) A guardian may be appointed by will, by designation of a standby guardian pursuant to chapter 257B, or by other signed writing executed in the same manner as a health care directive under chapter 145C by a parent for any minor child the parent has or may have in the future.

The guardian must file a notice of intent to dispose prior to the disposition or sale of the ward's personal effects. The guardian must file with the court a report of the ward's personal well-being, at least annually or whenever ordered by the court.

A guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward.

A guardian is appointed by the court to make the personal decisions for the person subject to guardianship. The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.

The Guardianship Bill of Rights is a means to protect the civil rights of those living under guardianship arrangements and to promote less restrictive arrangements to support people needing assistance with their daily and life decisions.

Any person under 30 years old determined to need a guardianship, must have a time limited guardianship. This can last for 72 months (6 years) at most.

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Minnesota Petition for Notice to Minor to Nominate or Select Guardian