Oregon Petition for Notice to Minor to Nominate or Select Guardian

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Multi-State
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US-03326BG
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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.

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FAQ

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.

What is Guardianship? A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons.

Under Oregon law, guardians have the right to decide where the child lives, either in or out of Oregon, unless the order of appointment says they can't. Guardians have all the rights and responsibilities that a parent would, including agreeing to the marriage or adoption of the child.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

You do not have to go to court. Give the original form to the person caring for your child and keep a copy for your records. In most cases, a power of attorney lasts no longer than six months, but you can give a school a power of attorney that lasts up to 12 months.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

There are three kinds of guardianships. In an emergency, one can seek what is called a ?Temporary Guardianship.? These temporary guardianships can sometimes be obtained on an expedited basis.

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Oregon Petition for Notice to Minor to Nominate or Select Guardian