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.
Oregon Nomination or Selection of Guardian by Minor is a legal process that allows minors to express their preference for a guardian in case their parents cannot fulfill this role. This process ensures that minors have a say in determining who will be responsible for their care, well-being, and decision-making authorities if their parents become unable or unfit to assume these responsibilities. In Oregon, there are two primary types of nomination or selection of guardian processes for minors: 1. Testamentary Nomination by Minor: This is a process where minors can express their preference for a guardian through a written document, typically a will. Although minors cannot legally make a will, Oregon recognizes their nomination as an expression of their desires, which carries significant weight in the court's decision-making process. 2. Nomination in a Legal Proceeding: In this case, a minor can nominate or select a guardian during a legal proceeding such as a guardianship or custody case. During these proceedings, the court will consider the minor's preference alongside other factors to determine the most suitable guardian. The Oregon Nomination or Selection of Guardian by Minor process is crucial as it safeguards the best interests of minors and allows them to have a say in determining their own future. It promotes a sense of empowerment and ensures that their voice is heard in crucial decisions regarding their upbringing and care. It is important to note that the court is not bound to select the guardian preferred by the minor. Instead, the court will evaluate the minor's preference alongside other factors such as the guardian's ability to provide for the minor's needs, stability, moral character, and existing relationship with the minor. The court will ultimately make a decision based on the best interests of the child, taking all factors into consideration. The Oregon Nomination or Selection of Guardian by Minor process is designed to promote stability and security for minors in uncertain circumstances. By allowing them to have a say in nominating or selecting their guardian, it aims to ensure that their wishes are considered and respected as much as possible.
