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.
Description: A Puerto Rico Petition for Notice to Minor to Nominate or Select Guardian is a legal document that allows a minor, under certain circumstances, to have a say in nominating or selecting their own guardian when the need arises. This petition serves to inform the court of the minor's desire and provides them with an opportunity to participate in the decision-making process regarding their future guardian. In Puerto Rico, there are different types of Petitions for Notice to Minor to Nominate or Select Guardian, each tailored to specific situations: 1. Petition for Notice to Minor to Nominate Guardian in Case of Parental Incapacity: This type of petition is applicable when a minor's parent(s) become incapacitated, either mentally or physically, rendering them unable to fulfill their parental responsibilities. By filing this petition, the minor can express their preferred choice for a guardian who will assume the role and responsibilities typically carried out by the parent(s). 2. Petition for Notice to Minor to Select Guardian in Case of Parental Death: In the unfortunate event of a parent's death, this petition enables a minor to select a guardian who will provide them with care and support. This petition acknowledges the minor's right to participate in determining their future guardian, taking into consideration their best interests and personal preferences. 3. Petition for Notice to Minor to Select Guardian in Case of Parental Neglect: If a parent is proven to be neglectful or their actions pose a risk to the minor's well-being, this petition comes into play. It allows the minor to nominate a guardian who will ensure their safety, health, and overall development, addressing the issue of parental neglect effectively. The Puerto Rico Petition for Notice to Minor to Nominate or Select Guardian is designed to empower minors by acknowledging their wishes and giving them a voice in matters concerning their guardianship. The court carefully considers the minor's preferences, but ultimately makes the final decision based on the minor's best interests, ensuring their safety, stability, and overall welfare.
