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 Washington Nomination or Selection of Guardian by Minor is a legal process designed to address the appointment of a guardian for a minor child in the event that their parents are unable to fulfill this role. It allows parents to proactively select a trusted individual to serve as the guardian, ensuring that their child's best interests are protected. In Washington state, there are two types of nomination or selection of guardianship by a minor: testamentary nomination and standby guardianship. 1. Testamentary Nomination: This type of nomination is made through a will or a written document, expressing the parents' preference for a specific individual to become the guardian of their minor child. It comes into effect only upon the death of both parents, ensuring that the child's care remains consistent with the parents' wishes. 2. Standby Guardianship: This type of guardianship nomination is more immediate and can take effect while the parents are still alive. It is typically utilized when parents anticipate a temporary absence, such as military deployment or medical treatment, during which they need someone to care for their child. This type of nomination can be revoked at any time by the parents and can be tailored to address specific circumstances. The process of nomination or selection of guardian by a minor in Washington generally involves several key steps: 1. Identifying a Suitable Guardian: The parents must carefully consider potential guardians who are willing and able to take on the responsibilities of caring for their child. Factors such as the guardian's relationship with the child, their values, and their ability to provide for the child's physical and emotional needs should be taken into account. 2. Drafting the Nomination Document: The parents must create a legally valid document that clearly outlines their preference for the selected guardian. This document can be included in a will or prepared separately, depending on the type of nomination chosen. 3. Signing and Notarizing the Document: The parents must sign the nomination document in the presence of a notary public to ensure its authenticity and legality. 4. Distributing Copies of the Document: It is important to provide copies of the nomination document to all relevant parties involved, including the nominated guardian, family members, and/or an attorney, to ensure its accessibility and enforceability. 5. Reviewing and Updating: It is essential to periodically review and update the nomination or selection of guardian document as circumstances change. This includes revisiting and potentially revising the document in the event of divorce, death of a nominated guardian, or any change in the parents' preferences. By utilizing the Washington Nomination or Selection of Guardian by Minor, parents can have peace of mind knowing that their child's future care is in the hands of a trusted individual of their choosing. Properly executing this nomination ensures that the child's best interests are protected and that their upbringing aligns with the parents' wishes.
