Delaware Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
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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.


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.

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FAQ

Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents. It is up to the person or persons with parental responsibility, or the guardian, to make decisions about the child's care and upbringing and to administer the child's property.

A guardian takes decision on behalf of the minor for protecting the interests of the minor and his property. Special situation of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple disabilities.

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

A Nomination of Guardian is a document put in place to safeguard a Client's wishes for who will act on their behalf if they become incapacitated. One of the goals of a proper estate plan, including Advance Directives and Durable Powers of Attorney, is to avoid the need for Court-appointed Guardianship.

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

A guardianship action is initiated with the filing of a Petition to Appoint a Guardian (the ?Petition?) with the Court of Chancery (the ?Court?). The requirements for the contents of the Petition are set forth in Chancery Court Rule 175.

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Delaware Nomination or Selection of Guardian by Minor