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.
Pennsylvania Petition for Notice to Minor to Nominate or Select Guardian
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US-03326BG
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How to fill out Petition For Notice To Minor To Nominate Or Select Guardian?
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FAQ
To become a guardian, you will have to file a petition for guardianship of your loved one with the probate court. Your petition must explain the reasons why you believe that a guardian should be appointed.
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.
Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500. Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000.
Guardians undertake a wide variety of tasks, for which they deserve adequate compensation. One way to address guardianship fees is the document signed by the ward creating and authorizing the guardianship. If compensation has not been specified, the guardian must be careful in determining their fee.
A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.
A petition for guardianship of a minor is filed in the Orphans' Court. A hearing date is assigned. If the petition is granted a final decree is signed and guardian is appointed by a judge.