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.
The South Dakota Nomination or Selection of Guardian by Minor refers to a legal process in which a minor child has the ability to nominate or select a guardian in case their parents become incapacitated or pass away. This process allows the child to have a say in determining who will take care of them and make important decisions regarding their well-being and inheritance. In South Dakota, there are two types of Nomination or Selection of Guardian by Minor: 1. Testamentary Nomination: This type of nomination occurs when a parent includes a provision in their will, naming a guardian for their minor child. The nomination takes effect upon the parent's death or incapacitation. The court will consider this nomination when determining the best interests of the child. 2. Written Nomination: This type of nomination does not require a will and can be made by any person having legal custody or being responsible for the care of a minor child. The written nomination allows the person making the nomination to express their preferences regarding the child's guardian. The court will take this nomination into consideration when determining the best interests of the child. The process of Nomination or Selection of Guardian by Minor involves the following steps: 1. Filing a Petition: The person making the nomination must file a petition with the court, providing the necessary information, including the minor child's details, the reasons behind the nomination, and any relevant supporting documents. 2. Court Evaluation: The court will evaluate the nominated guardian or guardians to ensure they meet the requirements and are capable of fulfilling the responsibilities of being a guardian. Factors such as age, health, financial stability, and relationship with the child will be considered. 3. Best Interests of the Child: The court's primary consideration is the best interests of the child. The court will assess various factors, such as the child's emotional and physical needs, their relationship with the nominated guardian, and the stability of the proposed guardian's home environment. 4. Appointment: Once the court determines the best interests of the child, it will appoint the selected guardian or guardians, giving them legal responsibility for the minor child's care, education, and financial matters. 5. Review and Modification: The court's appointment of a guardian is not permanent, and it may be reviewed or modified if circumstances change or if it is not in the child's best interests. In summary, the South Dakota Nomination or Selection of Guardian by Minor provides a legal framework for minors to have a voice in determining who will care for them in case of their parents' incapacity or death. Testamentary nomination and written nomination are the two main types, and the court evaluates the nominees based on the child's best interests before making an appointment.
