Palm Beach Florida Petition for Notice to Minor to Nominate or Select Guardian

State:
Multi-State
County:
Palm Beach
Control #:
US-03326BG
Format:
Word; 
Rich Text
Instant download

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.

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FAQ

Guardianship Fees & Costs Filing TypeCostGuardianship of Person Only$235Guardianship of Person/Property Ancillary$400Guardianship of Property Only$400Miscellaneous One Document Filing$2319 more rows

The guardianship process is as follows: A petition is filed. Any competent adult may file with the court a petition to determine another person's incapacity.A hearing is held. The court will hold a hearing to review the reports of the examining committee.If necessary, a guardian will be appointed.

Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities.

To become a guardian advocate, you must start a court proceeding and submit your application. You do this by filing a petition, which you will find in any set of guardian advocate forms. You file the petition with the Circuit Court in the county where the person with a developmental disability resides.

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a "ward."

In order to establish a guardianship, someone must file a petition with the local court where the alleged ward resides. This process is completed by hiring a local attorney to draft the petition. Once the petition is filed, the court will appoint an attorney to represent the alleged incapacitated person.

The applicant may indicate siblings, or any member of the family or any other person or a registered institution for consideration as a guardian and in case of institutions, the conditions of eligibility of institutions shall be as stipulated in subregulations (3), (4) and (5).

Legal Guardians can be appointed by parents, Special Guardians or by the Court. They can only be appointed by someone who has parental responsibility for the children. A Legal Guardian cannot be appointed by a parent who is alive, as it is not possible to transfer parental responsibility to another person.

It generally takes 2-3 months for this full process to be completed, unless there is litigation/contested proceedings, at which point the guardian will now be able to help the ward.

Guardianship means obtaining the legal authority to make decisions for another person. A guardian is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the protected person.

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Palm Beach Florida Petition for Notice to Minor to Nominate or Select Guardian