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.
Nebraska Nomination or Selection of Guardian by Minor is a legal process that enables a minor to express their preference for a guardian in certain circumstances. This process is crucial for cases where a minor's parents are unable to care for them due to incapacitation, death, or other unforeseen circumstances. The nomination or selection of a guardian by a minor is typically carried out through a designated legal form, in which the minor can express their wishes regarding whom they would prefer to act as their guardian. This process ensures that the minor's best interests and desires are taken into consideration when determining their future caregiver. In Nebraska, there are two primary types of nomination or selection of guardian by a minor: 1. Testamentary Nomination: This is a nomination made by a minor in their will, specifying their preferred guardian in the event of their parents' death. Nebraska's law recognizes a minor's capacity to make a valid will, thus allowing them to have a say in who will care for them if the need arises. 2. Nomination or Selection of Guardian Petition: This type of nomination occurs during the lifetime of the minor's parents when circumstances arise where the parents are unable to fulfill their parental responsibilities. In such cases, a minor who is 14 years of age or older can initiate the selection process by filing a petition with the court. The court then considers the minor's preference when determining the appointment of a guardian. The Nebraska Nomination or Selection of Guardian by Minor provides a legal avenue for minors to voice their preferences and concerns regarding their future care. It ensures that their voices are heard and considered, promoting the best interests and well-being of the minor during challenging times. Keywords: Nebraska, nomination, selection of guardian by minor, legal process, minor's preference, incapacitation, death, unforeseen circumstances, legal form, best interests, desires, caregiver, testamentary nomination, will, parental responsibilities, petition, court, appointment, well-being.
