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.
Ohio Nomination or Selection of Guardian by Minor is a legal process that allows minors to have a voice in determining who should be appointed as their guardian in the event that their parents or current guardians are unable or unfit to care for them. This process is crucial in ensuring the best interests and welfare of the minor are protected. In Ohio, there are two types of processes for the nomination or selection of a guardian by a minor: 1. Nomination of Guardian by Minor: Under this process, if the minor is at least 14 years old, they have the right to nominate a guardian of their choice. The nomination must be made in writing, signed by the minor in the presence of two witnesses who are at least 18 years old and not related to the minor, and then it must be acknowledged before a notary public. The minor's nomination carries significant weight, but the court still has the final decision on whether to appoint the nominated guardian. 2. Selection of Guardian by Minor: For minors who are 12 years old or older but less than 14 years old, they have the right to express their preference for a guardian in court. The court will consider their preference, but it is not binding, meaning the court may still appoint a guardian who they believe is in the best interests of the minor. In both cases, the court ultimately decides who will be appointed as the guardian based on the best interests of the child. Factors considered by the court may include the child's relationship with potential guardians, their physical and emotional well-being, stability, and the ability of the potential guardian to provide a safe and nurturing environment. The Ohio Nomination or Selection of Guardian by Minor is an essential legal process that recognizes the rights and opinions of minors regarding their guardianship. It empowers them to have a say in their future and ensures that their best interests are prioritized during times of uncertainty or potential changes in their caregiver arrangements.
