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.
Louisiana Nomination or Selection of Guardian by Minor refers to the legal process in the state of Louisiana where a minor child can express their preference for a potential guardian in the event that the child's parents are no longer able to care for them. This process allows a minor child to have a say in who will be responsible for their well-being and upbringing. The different types of Louisiana Nomination or Selection of Guardian by Minor include: 1. Testamentary Nomination: This type of nomination occurs through the child's parent or legal guardian's last will and testament. The parent or legal guardian can express their wishes regarding the selection of a guardian for the minor child, indicating their preference in the event of their incapacity or death. 2. Nomination in Writing: A minor who is at least 14 years old or older can exercise their right to nominate or select their own guardian by providing a written statement expressing their preferences. This statement should be signed, dated, and notarized. 3. Oral Nomination: In cases where a minor child is below the age of 14, they can also express their preference for a guardian orally. This nomination needs to be witnessed in the presence of at least two competent witnesses who are 18 years of age or older. It is important to note that a nomination or selection of a guardian by a minor is not binding on the court. However, the court will consider the child's preference along with other factors when determining the best interests of the child. The purpose of the Louisiana Nomination or Selection of Guardian by Minor is to ensure that the wishes of the child are taken into consideration while determining the most suitable guardian. This process respects the minor's autonomy and allows them to have some control over their future caretaker. It also provides transparency and clarity during a potentially challenging situation for the child and involved parties. In conclusion, the Louisiana Nomination or Selection of Guardian by Minor empowers minors in the state to have a voice in determining their future guardian. Through testamentary nomination, written nomination, or oral nomination, minors are given the opportunity to express their preferences regarding their care and upbringing. While the court has the final decision, the child's preference is an important factor in considering the best interests of the child.
