Tennessee Nomination or Selection of Guardian by Minor

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Multi-State
Control #:
US-03327BG
Format:
Word; 
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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

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

If the biological or adoptive parents are for any reason removed as the legal guardian, Tennessee law says that a court can appoint a person or persons to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor as their ?guardian?.

In dividing up parental rights, Tennessee courts have one of two options: Joint Custody?parental authority is shared between parents. Sole Custody?all the authority resides with a single parent.

The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first.

The main difference between the two is that custody involves a biological parent. "guardianship" is generally used when someone other than a biological parent cares for the child. This may be a member of the family or a close family friend.

When appointed as the guardian over property, the guardian/conservator is permitted to make decisions related to the estate and financial matters. When appointed as guardian over the person and property or plenary guardianship, the guardian/conservator is permitted to make all health care and financial decisions.

Guardians need to seek court approval so they can formally be appointed a guardian. The guardian should have a strong relationship with the child. It is often desirable, but not necessary, that the guardian be a blood relative such as an adult sibling, grandparent, or aunt of the child who needs care and protection.

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.

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Tennessee Nomination or Selection of Guardian by Minor