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.
North Dakota Petition for Notice to Minor to Nominate or Select Guardian
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US-03326BG
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How to fill out Petition For Notice To Minor To Nominate Or Select Guardian?
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FAQ
This is called an ex-parte appointment of an emergency guardian. A Juvenile Court Judge or Judicial Referee may appoint an ex-parte emergency guardian only when the petition shows, in writing, that the child will be substantially harmed before a hearing can be held.
Establishing Adult Guardianship Any person interested in the welfare of an allegedly incapacitated adult may petition for the appointment of a guardian. These forms and instructions cover the basic procedure for petitioning a North Dakota state district court to establish a guardianship over an adult.
A North Dakota Juvenile Court may appoint a guardian without holding an in-court hearing only when: All living parents of the minor child consent in writing to the appointment of a specific guardian (or guardians). If a living parent's parental rights are terminated by court order, the parent's consent isn't required.
Every parent or other person legally responsible for the care or support of a child who wholly abandons the child or willfully fails to furnish food, shelter, clothing, and medical attention reasonably necessary and sufficient to meet the child's needs is guilty of a class C felony.
If the judge or judicial referee decides, based on the evidence presented, that the adult is incapacitated, a guardian is appointed to make medical, legal, residential, educational, vocational, and some financial decisions for the adult. After a guardian is appointed, the adult is referred to as the Ward.
To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.