North Carolina Nomination or Selection of Guardian by Minor

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Multi-State
Control #:
US-03327BG
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.


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

To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.

SPECIAL CONSIDERATIONS ? GUARDIANS FOR MINORS Children under the age of 18 are presumed to be incompetent by law, so there is no need for an incompetency proceeding before appointing a guardian. However, a hearing is required. A parent or other person may be appointed guardian of the estate of the minor.

A guardian of the estate manages an individual's finances and other business matters. This is separate from a guardian of the person, who manages an individual's personal custody and care. A ?general guardian? may be appointed to act as guardian of the estate and guardian of the person.

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.

Guardianship does not terminate a parent's rights, so sometimes a permanent guardianship that allows visitation with a parent is in a child's best interests.

A guardian may be reimbursed from the ward's estate for reasonable expenses incurred in carrying out his duties as guardian. A guardian of the estate or general guardian may also receive a commission set by the clerk from the ward's estate for serving as guardian.

To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.

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North Carolina Nomination or Selection of Guardian by Minor