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.
Virginia Nomination or Selection of Guardian by Minor is a legal process that allows a minor child in the state of Virginia to have a say in who will become their legal guardian in the event that their parents or current guardian become unable to fulfill their responsibilities. The process begins when a minor child, who is at least 14 years old, wishes to express their preference for a specific person to be their guardian. This preference is typically addressed through a written document known as a Nomination of Guardian by Minor, which is notarized and filed with the relevant court. By filing a Nomination of Guardian by Minor, the child is informing the court of their preferred guardian, should the need arise. The court will take the child's preference into consideration, but ultimately the final decision rests with the judge. The court will evaluate the child's maturity level, living conditions, stability, and other factors when determining the appropriateness of the nominated guardian. It's important to note that the child's preference is not binding, meaning that the court has the discretion to select a different guardian if they determine it to be in the child's best interest. The court takes into account the child's preference as one factor among many in making the final decision. In Virginia, there are several types of nominations or selections of guardians by minors, each applying to specific circumstances: 1. Nomination of Guardian by Minor for Testamentary Appointment: This type of nomination allows a minor to express their preference for a guardian in the event of their parents' death, as stated in their parents' will. 2. Nomination of Guardian by Minor for Appointment during Parents' Incapacity: This nomination applies when the child's parents are unable to fulfill their parental duties due to physical or mental incapacity, and the child wishes to have a say in naming their guardian. 3. Nomination of Standby Guardian by Minor: This nomination allows a minor to express their preference for a temporary or standby guardian who can step in during a short-term absence of their parents or current guardian, such as for travel or medical treatment. 4. Nomination of Guardian by Minor for Appointment after Parents' Death: This type of nomination comes into effect after the parents' death and allows minors to have a say in who will be their long-term guardian. By allowing minors to participate in the selection process of their potential guardian, Virginia law aims to prioritize the child's well-being and ensure their voice is heard in matters concerning their future and care.
