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 Vermont Nomination or Selection of Guardian by Minor is a legal process that allows a minor to have a say in determining who their guardian will be in case their parents are unable to fulfill this role. It is an important legal tool designed to protect the best interests of the child and ensure their well-being. In Vermont, there are two types of nomination or selection of guardian by a minor, each serving a specific purpose: 1. Nominating a Guardian: This type of nomination allows a minor, who is at least 14 years old, to express their preference for whom they would like to be their guardian if the need arises. The minor can provide reasons for their choice, such as having a close bond with the individual, feeling comfortable in their presence, or recognizing their ability to provide care and support. This nomination is not binding on the court, but the court will give it significant weight when making a final decision. 2. Selecting a Guardian: This type of selection is available to minors who are at least 14 years old and have existing legal proceedings involving their custody or placement. In such cases, the court may allow the minor to select their guardian from a specific list of individuals or based on certain criteria. The court will review the minor's choice but retains the final decision-making authority in appointing a guardian. The Vermont Nomination or Selection of Guardian by Minor process involves several steps. Firstly, the minor must express their preference through a written document or testify in person in court. It is crucial that the minor's wishes are clearly articulated, and if they are too young to provide a written statement, they can communicate their preference through other means. Secondly, the court will consider the minor's nomination or selection alongside other factors, including the minor's age and maturity, the relationship between the minor and the potential guardian, and the overall best interests of the child. The court may also seek additional input from relevant individuals, such as the minor's parents, caregivers, or other professionals involved in the child's life. It is important to note that even if a minor makes a nomination or selection, the court has the authority to override their choice if it deems it not in the best interests of the child. The court's paramount concern is always the well-being and safety of the minor. In summary, the Vermont Nomination or Selection of Guardian by Minor offers minors the opportunity to have a voice in the decision-making process regarding their future guardianship arrangement. These nominations or selections may be taken into careful consideration by the court, but the ultimate decision lies with the court, which aims to protect the best interests of the child.
