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.
Wyoming Nomination or Selection of Guardian by Minor refers to the legal process in Wyoming by which an individual who is under the age of 18, commonly referred to as a minor, can nominate or choose a guardian. This process typically arises when a minor's parents or legal guardians are unable or unwilling to fulfill their roles due to death, incapacity, or other circumstances. The nomination or selection of a guardian ensures that the best interests of the minor are protected and that they receive proper care and support. In Wyoming, there are two primary types of nomination or selection of a guardian by a minor: testamentary nomination and nomination in emergency situations. 1. Testamentary Nomination: This type of nomination or selection occurs when a minor, who is at least 14 years old, expresses their desire for a specific individual to become their guardian in the event of their parents' death or incapacity. The nomination must be in writing, signed by the minor, and witnessed by at least two individuals who are both at least 14 years old. It is crucial to note that the court has the ultimate authority to approve or reject the testamentary nomination if it deems it contrary to the minor's best interests. 2. Nomination in Emergency Situations: When a minor is facing an emergency, such as the immediate need for medical care or protection, they can make a nomination or selection of a guardian on a temporary basis. This nomination can be made verbally, and the minor's choice should be respected unless it is contrary to their best interests or not feasible. In both cases, the nominated guardian must meet certain qualifications and obtain approval from the court before assuming their role. The court will assess the proposed guardian's ability to provide for the minor's wellbeing, including physical, emotional, and educational needs. The court will also consider the proposed guardian's relationship with the minor, their willingness to assume the responsibility, and any potential conflicts of interest. Choosing the right guardian for a minor is a significant decision, and the Wyoming nomination or selection process ensures that the minor's interests are taken into account. This legal mechanism provides a way for minors to have a say in their future and helps safeguard their well-being in challenging circumstances. It is essential to consult with an attorney familiar with Wyoming's laws to navigate the nomination or selection of a guardian by a minor successfully.
