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.
West Virginia Nomination or Selection of Guardian by Minor refers to a legal process wherein a minor child can express their preference for the selection of their guardian in the event of their parents' incapacity, death, or inability to fulfill their parental responsibilities. This process allows minors to have a say in determining who will be responsible for their welfare and upbringing. In West Virginia, there are two types of nomination or selection of guardian by a minor: 1. Nomination of Guardian by Minor with Parental Consent: This type of nomination requires the consent of the minor's parents or legal guardians. If both parents are alive and have parental rights, they must approve the minor's choice of guardian. This nomination is often accomplished through a written document, such as a will, in which the minor expresses their preference for a specific person to be their guardian. 2. Selection of Guardian by Minor without Parental Consent: In cases where there is no parental consent, the minor can still initiate the selection of a guardian. However, the minor must petition the court for approval and provide substantial evidence to support their request. The court will consider factors such as the minor's age, maturity, relationship with the proposed guardian, and the best interests of the child. The process of nomination or selection of guardian by a minor is crucial in ensuring that the child's wishes are taken into account when determining their future care. It recognizes the importance of giving minors a voice in such significant decisions and aims to provide them with stability, security, and a loving environment. Some relevant keywords for this topic may include West Virginia guardianship laws, selection of guardian by minor, nomination of guardian by minor, court approval for minor's guardian selection, parental consent for minor's guardian selection, minor's rights in selecting a guardian, best interests of the child in guardian selection, and process for minor-initiated guardianship.
