Vermont 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

The Natural Guardians of a child are his/her parents. The father of the child is seen as the sole guardian and has the legal right of guardianship, but this right can be removed or altered when the father is proven to be incapable to take good care of his child.

In order to grant the guardianship, the court must find that the ward is ?incompetent,? or unable to care for him/herself, and that the petitioner is a right person to be guardian. Petitioner will need a completed Order Appointing Guardian and completed Letters of Guardianship.

Additionally, a person is disqualified if because of inexperience, lack of education, or other good reason, they are incapable of properly managing the ward or estate.

Under a subsidized guardianship, the guardian receives a monthly payment to offset the costs of caring for the child.

When Will the Court Consider a Child's Preference? When a child has reached the age of 14 in Vermont, the child can choose his or her guardian, subject to the court's approval. Children who are younger than 14 don't have the right to select the parent who they would like to have custody.

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.

A parent is related to the child either through biology or adoption. A guardian does not have to be directly related to the child or adopt him, but has to make all legal and pertinent decisions pertaining to a child's education and life.

If you think someone needs help in the management of their personal or financial affairs, you can file a petition with the probate division to request appointment of a guardian.

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Vermont Nomination or Selection of Guardian by Minor