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.
Nevada Nomination or Selection of Guardian by Minor is a legal process in the state of Nevada that allows minors to have a say in determining who will be their guardian if their parents are unable to fulfill their parental responsibilities. This procedure is designed to give minors a voice in the decision-making process and ensure their best interests are taken into account. Nevada recognizes two types of Nomination or Selection of Guardian by Minor: 1. Testamentary Nomination of Guardian: A testamentary nomination is a written document prepared by the parent or legal guardian and becomes effective upon their death. This nomination expresses the parent's preference for a specific individual to be appointed as the guardian of their minor child. However, it's important to note that the court has the final say in appointing the guardian, and they will consider the child's best interests above any testamentary nomination. 2. Selection of Guardian by Minor: This is a unique feature of Nevada law that allows minors aged 14 years or older to have a significant role in selecting their own guardian. If the minor's parent or legal custodian becomes incapacitated, the court will consider the minor's preference when appointing a guardian. The court will also consider the minor's best interests, but the selection of guardian by the minor is given strong consideration. The Nevada Nomination or Selection of Guardian by Minor process involves filing a petition with the court, which outlines the reasons for the nomination or selection and provides supporting documentation. The court will then assess the proposed guardian's suitability by considering factors such as their relationship with the minor, their ability to provide a stable and suitable environment, and their willingness to take on the responsibilities of guardianship. It is crucial for parents or legal guardians to understand the importance of creating a testamentary nomination or encouraging their minor child's active involvement in the selection of a guardian. This process ensures that the child's wishes are considered and provides a sense of stability and security during difficult times. In summary, Nevada Nomination or Selection of Guardian by Minor is a legal procedure that empowers minors and ensures their preferences for a guardian are taken into account. The two types of nomination or selection are the testamentary nomination of guardian and the selection of guardian by minor, with the latter applying to minors aged 14 years or older. This process provides a valuable opportunity for parents or legal guardians to safeguard their children's future and ensure they are placed under the care of a trusted individual.
