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.
Delaware Nomination or Selection of Guardian by Minor is a legal process that allows a minor to have a say in the appointment of their guardian in the event of their parents' incapacity or death. It grants minors the right to nominate and express their preference regarding whom they believe would be their ideal guardian. In Delaware, there are two types of Nomination or Selection of Guardian by Minor: 1. Informal Nomination: This type refers to the minor expressing their preference for their desired guardian informally, without involving the court system. Although not legally binding, an informal nomination carries significant weight in the court's decision-making process. The court heavily considers the minor's preference as long as it is in their best interest. 2. Formal Nomination: This type involves a more formal process that requires the minor's nomination to be submitted in writing to the court. It must be signed and witnessed by at least two individuals who are not related to the minor or potential guardian. This formal nomination has a stronger legal standing and is likely to be upheld by the court as long as it is deemed in the minor's best interest. The Delaware Nomination or Selection of Guardian by Minor usually occurs when a minor's parents have not named a guardian in their will or if there is a dispute regarding the suitability of the proposed guardian. The process aims to prioritize the minor's welfare by allowing them to express their preference for the person they trust and feel most comfortable with as their guardian. It is important to note that while the court considers the minor's preference, it has the ultimate authority to determine the most suitable guardian based on the minor's best interest. The court evaluates various factors such as the proposed guardian's relationship with the minor, their moral character, financial stability, and ability to provide a safe and nurturing environment. Overall, the Delaware Nomination or Selection of Guardian by Minor ensures that the minor's voice is heard and taken into account during the guardian appointment process. By allowing minors to participate in the decision-making, the state aims to prioritize their well-being and ensure a smooth transition in the event of unforeseen circumstances.
