Rhode Island Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
Rich Text
Instant download

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.


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.

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FAQ

A Guardian is chosen based on two criteria, they can wield the Light and they performed certain deeds in their former life that make them suited to be Guardians.

Legal guardians have custody of the child and the authority to make decisions concerning the child's protection, education, care, discipline, etc. Legal guardianship is assigned by a court, such as a family court, ing to state laws.

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

A guardian with full authority has the power to: Establish where the ward will live, within the state or elsewhere with court's permission; Arrange for the ward's medical care; Take care of the ward's personal effects (clothing, furniture, vehicles, personal items, etc.);

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.

Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.

In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders. The process of obtaining guardianship and the requirements for granting guardianship are established by state law. After a court appointment, the guardian becomes a substitute decision-maker for the ward.

Guardians are appointed when a court determines that an individual is at risk because they cannot make decisions for themselves and there is no less restrictive way to meet the individual's needs. Guardianship may remove a broad spectrum of rights from the individual.

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Rhode Island Nomination or Selection of Guardian by Minor