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.
In Minnesota, the Nomination or Selection of Guardian by Minor is a legal process that allows minors to have a say in who will be appointed as their guardian in the event that their parents or legal guardians are unable to fulfill their role. This nomination or selection process ensures that the best interests and preferences of the minor are taken into account. One type of Minnesota Nomination or Selection of Guardian by Minor is the "Nomination of Guardian by Minor in a Will". This type allows minors who are at least 14 years old to express their preference for a specific guardian in their parent's or legal guardian's will. This nomination is considered by the court during the guardianship proceedings. Another type is the "Selection of Guardian by Minor with Parental Consent". This occurs when both parents of a minor give their consent for the child to select their own guardian. The minor typically needs to be mature enough to make such a decision, and the court will consider the minor's choice when appointing a guardian. It is important to note that the court ultimately has the final decision-making authority when it comes to appointing a guardian for a minor. The court takes various factors into consideration, including the minor's preferences, the suitability and ability of the proposed guardian, and the overall best interests of the child. Minors may have valid reasons for nominating or selecting a specific guardian, such as a close family member, a trusted friend, or someone with whom they have a strong emotional bond. However, it is essential to consult with an attorney who specializes in family law to ensure that the nomination or selection process is properly carried out and that the minor's rights are protected. Overall, the Nomination or Selection of Guardian by Minor in Minnesota is a legal mechanism that empowers minors to have a voice in decisions regarding their future care if their parents or legal guardians are unable to fulfill their responsibilities. By taking into account the minor's preferences, this process aims to establish a stable and supportive environment for the child.
