Montana Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
Instant download

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.


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.

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FAQ

Anyone considering becoming a legal guardian for an adult in Montana must first file a petition with the court, describing why the person in question requires a guardian, along with information about the proposed guardian. The petition also needs to provide the contact information for all involved family members.

If you are interested in obtaining legal guardianship of a minor in the state of Montana, you will need to complete and submit an official guardianship petition to the local court in the county where the minor resides.

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

Some people use ?conservatorship? and ?guardianship? interchangeably, but, in Montana, they are distinct legal processes. A guardian is responsible for making personal and healthcare-related decisions on behalf of the disabled individual, while a conservator manages the individual's finances.

The Montana Minor Child Power of Attorney registers the confirmation of a selected attorney-in-fact by a parent to distribute authorization to care for their child. The gained permissions prompted by a parent (or both parents) can be issued temporarily, not to exceed a six (6) month period.

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

Montana law provides options for protecting individuals needing assistance with decision-making, such as minors and incapacitated adults. These options include Full or Limited Guardianship, Conservatorship, Power of Attorney, and other Less Restrictive Alternatives such as Supported Decision Making.

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Montana Notice to Minor to Nominate or Select Guardian